Bennett v. Home Depot U.S.A. Inc.

TODD, J.:

¶ 1 Following counsel’s inadvertent absence from a pretrial settlement conference, the trial court dismissed Appellant Rosemary Bennett’s de novo appeal of an arbitration award in favor of Appellee Home Depot U.S.A. Inc. (“Home Depot”), and denied Bennett’s motion to vacate the dismissal. Finding this to be an abuse of discretion, we reverse.

¶ 2 In this personal injury case brought by Bennett, who was struck by fading storage containers at a Home Depot store, the arbitrators found for Home Depot. Bennett appealed the award to the Court of Common Pleas of Philadelphia County. At a…