Landis v. City of Philadelphia

JACOBS, Judge:

This is an appeal from an order of the court below dismissing appellant’s negligence action against the City of Philadelphia. The trial court based its ruling on the fact that appellant failed to file a timely reply to appellee’s answer, in which, under the heading of new matter, appellee averred that appellant had not given the city the required notice of claim 1 and that appellant’s action was therefore barred. While it is clear that under Pa.R.C.P. No. 1045(b), appellant, by failing to reply to the new matter, admitted the fact that appellee was not notified of the claim…