Francisco v. Ford Motor Co.

BECK, Judge:

The issue on appeal is whether the trial court erred in granting the plaintiffs’ motion to strike the defendant’s answer and new matter, where the answer and new matter was filed three years and nine months after the plaintiffs filed their complaint. We find that the trial court did not abuse its broad discretion in granting the plaintiffs’ motion to strike and, therefore, affirm that ruling.

Charles Francisco and Cecilia Francisco filed a complaint on October 10, 1985, against Hertz Penske Truck Leasing, Inc. (“Hertz”) 1 for injuries which were allegedly caused by an automobile…