Car Accident Victim Able to Sue Additional Defendant

Posted on: June 29th, 2012       Attorney Thomas Newell

A March 2010 Decision by the Superior Court of Pennsylvania reversed an Opinion of the Philadelphia County Court of Common Pleas and allowed a Philadelphia car accident victim to join an additional defendant. The Plaintiff filed a lawsuit versus an individual whom he believed was the owner and driver of the motor vehicle that caused the collision. During the discovery process, evidence was obtained that suggested someone else may have been negligently driving on the date of the crash.

The PA personal injury attorney filed a motion to amend the Complaint to join the additional defendant. The Trial Judge dismissed the motion since it was not an actual motion to join an additional defendant. The Superior Court overruled the lower court decision. The allegations contained in the Plaintiff’s motion clearly stated their intention to join the additional defendant and there was no prejudice shown by either Defendant. Charles Meadows, et al. v. Goodman (2010 Pa. Super. 28)

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