Glabbatz v. Terminal Freight Handling Co.

KELLY, Judge:

In this case we are called upon to determine whether a trial court abused its discretion in denying allowance to file a late joinder complaint against an additional defendant under Pa.R.C.P. 2253, when the “cause” for untimely joinder was alleged to be the original defendant’s ongoing but unsuccessful attempt to reach a settlement with the plaintiff. We find no abuse of discretion, and accordingly affirm the order granting the additional defendant’s preliminary objections and dismissing the original defendant’s untimely joinder complaint against the additional defendant.

The…