Legal Opinion · Dissent

McDevitt v. Avis Rent-A-Car Systems, Inc.

Supreme Court of Pennsylvania

Decided June 1, 1971No. Appeals, Nos. 622 and 623Published

1Dissent

Dissenting Opinion by

Mr. Justice Pomeroy :

As it has since the original rule was adopted by this Court on February 14, 1939, Rule 2253 of the Pennsylvania Rules of Civil Procedure forbids the joinder of an additional defendant later than sixty days after service upon the original defendant of the initial pleading of the plaintiffs, unless the Court “upon cause shown” allows a longer time.**

*55The purpose of Rule 2253, as I read it in context with the other rules pertaining to joinder of parties, is to prevent an undue delay in the trial or disposition of the suit by procrastination of an original…

2Cases cited5 opinions

  1. Zakian v. LILJESTRANDSupreme Court of Pennsylvania · 1970
  2. Coppage v. SmithSupreme Court of Pennsylvania · 1955
  3. Marnell v. CrossSupreme Court of Pennsylvania · 1952
  4. Lambert v. Webb Manufacturing Co., Pennsylvania Court of Common Pleas, Philadelphia County1951
  5. Patrick v. South Pittsburgh Water Co., Pennsylvania Court of Common Pleas, Alleghany County1952

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