Smith v. City of Philadelphia

SMITH, Judge.

The City of Philadelphia (City) appeals from an order of the Court of Common Pleas of Philadelphia County which sustained the preliminary objections of additional defendant D. Coren (Coren) and dismissed the City’s attempted joinder of Coren. The issue raised by the City is whether the trial court committed an error of law or abused its discretion in holding that the City did not comply with Pa. R.C.P. Nos. 2253, 425, and 401. 1 For the following reasons, the trial court’s order is reversed.

On April 5, 1988, John E. Smith (Smith) tripped and fell on a street in Philadelphia and…