In a noteworthy case, the Pennsylvania Superior Court reiterated the importance of following procedural rules carefully. The court affirmed a trial court’s dismissal of a case on the grounds that the appellant waived her substantive claims by not moving to strike the Non Pros before appealing. This appeal resulted from a lawsuit initiated by the appellant, pro se, in which she raised negligence and strict liability claims stemming from allegedly negligent treatment received for gastrointestinal symptoms.
Due to the failure to timely file certificates of merit, as prescribed under Pa. R.C.P. 1042.3, the trial court ordered their filing within 60 days or a judgement of Non Pros would be entered. The appellant proceeded to file several documents titled “Certificate of Merit,” but none met the necessary requirements – leading the defendants to file motions to strike them.
Despite this, the appellant did not take action to have the Non Pros removed before going into appeal. This important procedural misstep resulted in the dismissal of her case at the appellate level. This serves as a strong reminder to legal professionals and individuals representing themselves to meticulous obey procedural rules, ensuring that potential claims are not inadvertently waived.
For more details, you can find the full case analysis here.