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JACOBS v. HALLORAN

551 Pa. 350 (1998)

710 A.2d 1098

Lisa R. JACOBS, Appellant, v. Harry HALLORAN, Patricia Halloran, Lynda Fyffe-McFadden, General Motors Acceptance Corporation, Appellees.

Supreme Court of Pennsylvania.

Decided April 2, 1998.

Attorney(s) appearing for the Case

Richard A. Sprague, Thomas A. Sprague, Denise Pallante, Joseph R. Podraza, Jr., Philadelphia, for Lisa R. Jacobs.

Peter C. Gardner, Philadelphia, for Amicus-Pennsylvania Trial Lawyers Ass'n.

Jonathan F. Ball, Philadelphia, for Lynda Fyffe-McFadden.

Edward J. Tuite, Wayne, for Harry & Patricia Halloran.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

ZAPPALA, Justice.

This appeal raises significant issues regarding the standard applicable to the dismissal of a case for inactivity pursuant to a defendant's motion for non pros.1 For the reasons set forth herein, we hold that the equitable principles underlying the entry of a judgment of non pros must be recognized and the presumption of prejudice first enunciated in Penn Piping, Inc., v. Insurance Company...

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