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Superior Court of Pennsylvania· 2/17/1999

Moses v. T.N.T. Red Star Express

Citations

  • 725 A.2d 792
  • 1999 Pa. Super. 31
  • 1999 Pa. Super. LEXIS 122

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that providing notice to defendants’ insurance carrier of an impending suit “does not excuse [plaintiff’s] failure even to attempt to effectuate actual service of the actual writ on the [defendants]”
  • stating that “[t]aking no steps whatsoever to serve the writ of summons once having filed a praecipe for its issuance renders subsequent efforts to initiate the cause of action after the statute of limitations has run a ‘nullity.’”
  • finding absence of a good-faith effort to serve defendant nullifies both the commencement of the action and the tolling of the statute of limitations
  • “It is not the prerogative of an intermediate appellate court to enunciate new precepts of law or to expand existing legal doctrines. Such is a province reserved to the Supreme Court.”
  • “It is not the prerogative of an intermediate appellate court to enunciate new precepts of law or to expand existing legal doctrines. Such is a province reserved to the Supreme Court.”
  • “It was the [defendants] who were being sued not their insurance company.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McEwen, Cercone, Beck

Read full opinion on CourtListener

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.