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PADEN v. BAKER CONCRETE CONST., INC.

540 Pa. 409 (1995)

658 A.2d 341

John C. PADEN, Appellee v. BAKER CONCRETE CONSTRUCTION, INC., et al. Appeal of BAKER CONCRETE CONSTRUCTION, INC.

Supreme Court of Pennsylvania.

Decided May 16, 1995.

Attorney(s) appearing for the Case

Peter J. Speaker, Harrisburg, for Baker Concrete Const., Inc.

Leah B. Graff, York, for John C. Paden.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The issue is whether a trial court may dismiss a plaintiff's 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...

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