Sahutsky v. H.H. Knoebel Sons

OPINION

Justice CASTILLE,

This Court granted allocatur to consider the effect of appellees’ failure to file a petition to open a judgment of non pros pursuant to Pa.R.C.P. 3051 before filing a direct appeal from that judgment in the Superior Court. For the reasons set forth below, we conclude that the failure to initially file a petition to open resulted in a waiver of appellees’ claims. Accordingly, we reverse the order of the Superior Court and reinstate the judgment of non pros.

On June 24, 1994, appellees filed a complaint seeking to recover damages for personal injury sustained by Janice…