Bowman v. Mattei
Superior Court of Pennsylvania
1Opinion of the Court
WIEAND, Judge:
Does a failure to file a reply constitute the admission of an averment contained in new matter that the cause of action alleged in the complaint “is barred by the ... statute of limitations?” The trial court held that a failure to file a reply was such an admission and summarily dismissed an action for personal injuries which, in fact, had been commenced within two years of the injury. We reverse.
The complaint contains averments that James Bowman was admitted to St. Luke’s and Children’s Medical Center, a general hospital, on July, 14, 1972. There he came under the care of Dr.…
Also in this document: Concurrence.
2Cases cited12 opinions
- Lamp v. HeymanSupreme Court of Pennsylvania · 1976
- Peterson v. Philadelphia Suburban Transportation Co.Supreme Court of Pennsylvania · 1969
- Blumer v. DorfmanSupreme Court of Pennsylvania · 1972
- Aughenbaugh v. North American Refractories Co.Supreme Court of Pennsylvania · 1967
- Enoch v. Food Fair Stores, Inc.Superior Court of Pennsylvania · 1974
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3Cited by12 opinions
- Devine v. HuttSuperior Court of Pennsylvania · 2004
- Gotwalt v. DellingerSupreme Court of Pennsylvania · 1990
- Robinson v. Trenton Dressed Poultry Co.Supreme Court of Pennsylvania · 1985
- Fox v. ThompsonSupreme Court of Pennsylvania · 1988
- Big Beaver Falls Area School District v. Big Beaver Falls Area Educational Ass'nCommonwealth Court of Pennsylvania · 1985
7 more not listed; retrieve them via the Exa API.