Paden v. Baker Concrete Construction, Inc.

OPINION OF THE COURT

FLAHERTY, Justice.

The issue is whether a trial court may dismiss a plaintiffs amended complaint against a party defendant joined after the commencement of the action without leave of court in violation of Pa.R.Civ.P. 1033, even when the improper joinder works no prejudice against the improperly joined defendant or the other parties to the action. We hold that the court may penalize the violation by dismissing the complaint.

Appellee John C. Paden, a construction worker, was injured on the job when he fell through a hole in the second floor of a construction site on May 1,…