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ERNEST AND VIVIAN JACKSON v. MODERN MAILERS (02/16/88)

filed: February 16, 1988.

ERNEST AND VIVIAN JACKSON, APPELLANTS,
v.
MODERN MAILERS, INC.



Appeal from the Order of the Court of Common Pleas, Civil Division, of Philadelphia County at No. 471 June 1985.

COUNSEL

P. Joseph Nicola, Philadelphia, for appellants.

Nathaniel Ehrlich, Philadelphia, for appellee.

Beck, Kelly and Popovich, JJ.

Author: Popovich

[ 371 Pa. Super. Page 179]

This is an appeal from an order of the trial court which granted the motion for summary judgment which was filed by appellee-defendant, Modern Mailers, Inc. We affirm in part and must remand in part for the reasons herein stated.

Appellants-plaintiffs, Ernest and Vivian Jackson, raise the following issues: (1) whether the complaint which was filed on October 21, 1983, was within the statute of limitations and had the effect of tolling the statute; and (2) whether the complaint which was filed on October 21, 1983,

[ 371 Pa. Super. Page 180]

    sufficiently notified appellees of the existence of a claim against it to permit appellants to proceed with the subsequently filed complaint of June 4, 1985.

The facts in this case set forth the following scenario:

On June 2, 1982, appellants instituted an action by filing a writ of summons against the appellee for injuries sustained on January 5, 1982, when the car driven by Ernest Jackson allegedly lost control during the time that Jackson was driving down the service road. The appellee's driveway collapsed, and the asphalt dropped causing Jackson's vehicle to lose control.

The appellee filed a rule to file a complaint upon the appellants, and a non pros was entered six months later, on May 6, 1983. Subsequently, on October 21, 1983, appellants filed a trespass action listing the same court term and number as the action which was non prossed.

On February 13, 1985, appellants then filed a motion to compel answers to interrogatories against the appellee. Two months later, the trial court entered an order denying the motion because the docket entries were identical to the action which was non prossed. Appellants appealed, and we quashed the ...


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