· 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 CourtListenerSourced 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.