Delgrosso v. Gruerio

7 Citing cases

  1. Motheral v. Burkhart

    400 Pa. Super. 408 (Pa. Super. Ct. 1990)   Cited 72 times
    Holding that a claim of intentional infliction of emotional distress would not lie where defendant allegedly lied to police and by doing so had plaintiff arrested and detained

    A trial court may, on its own motion, permit or require the amendment of a pleading. Delgrosso v. Gruerio, 255 Pa. Super. 560, 564 n. 6, 389 A.2d 119, 121 n. 6 (1978).

  2. Dunn v. United Ins. Co. of America

    334 Pa. Super. 13 (Pa. Super. Ct. 1984)   Cited 2 times

    While perhaps more often the plaintiff requests leave to amend the complaint, a court may on its own motion permit or require amendment. Delgrosso v. Gruerio, 255 Pa. Super. 560, 564 n. 6, 389 A.2d 119, 121 n. 6 (1978). Where the trial court does not permit amendment, we may remand to permit it. Staub v. Tehol Corporation, 205 Pa. Super. 606, 211 A.2d 88 (1965) (vacating order dismissing complaint and granting plaintiff further opportunity to amend complaint "under our inherent power to assure the proper administration of justice").

  3. Sullivan v. City of Philadelphia

    314 Pa. Super. 381 (Pa. Super. Ct. 1983)   Cited 4 times

    See Pa.R.C.P. No. 1033. Furthermore such amendment may be made on the court's own motion. Delgrosso v.Gruerio, 255 Pa. Super. 560, 564 n. 6, 389 A.2d 119 n. 6 (1978). We find no error in this aspect of the court's award.

  4. TD Bank v. Andreasyan

    691 EDA 2023 (Pa. Super. Ct. Sep. 26, 2024)

    Pennsylvania Rule of Civil Procedure 1017 provides a definition for "pleadings," which includes, inter alia, complaints, answers, and preliminary objections. See Pa.R.C.P. 1017(a) ("[T]he pleadings in an action are limited to (1) a complaint and an answer thereto, (2) a reply if the answer contains new matter, a counterclaim or a cross-claim, (3) a counter-reply if the reply to a counterclaim or cross-claim contains new matter, [and] (4) a preliminary objection and a response thereto.") (emphasis added); see also Murray v. Am. Lafrance, LLC, 234 A.3d 782, 788 n.5 (Pa. Super. 2020) ("'[A] preliminary objection and a response thereto' are among the class of filings designated as pleadings in civil actions."); see also Delgrosso v. Gruerio, 389 A.2d 119, 121 (Pa. Super. 1978) ("the preliminary objection filed by appellant was a proper responsive pleading").

  5. Joyce v. Safeguard Mut. Ins. Co.

    362 Pa. Super. 522 (Pa. Super. Ct. 1987)   Cited 11 times
    In Joyce, the court held that a party who files an untimely answer has a duty to show just cause for its delay, and once just cause has been shown, the opposing party must demonstrate prejudice resulting from the late pleading.

    See Paulish v. Bakaitis, 442 Pa. 434, 442, 275 A.2d 318, 322 (1971) (Trial court did not abuse its discretion in striking plaintiff's reply where no explanation was offered for extraordinary delay without regard to any possible prejudice to defendants.); Delgrosso v.Gruerio, 255 Pa. Super. 560, 565, 389 A.2d 119, 122 (1978) (Pa.R.Civ.P. 1026 must be read in conjunction with Pa.R.Civ.P. 1003 which permits the time period within which pleadings must be filed to be extended or reduced.) See also: 5 Standard Pennsylvania Practice 2d § 26.16 ("The defendant must show cause why he should be permitted to file a late answer, and he must also show that the plaintiff will not be prejudiced thereby.").

  6. Freeze v. Donegal Mut. Ins. Co.

    301 Pa. Super. 344 (Pa. Super. Ct. 1982)   Cited 52 times
    In Freeze v. Donegal Mutual Insurance Co., 301 Pa. Super. 344, 447 A.2d 999 (1982), our court held that a deceased victim's estate is entitled to work loss benefits.

    40 P. S. § 1009.103 defines survivor as "(A) spouse; or (B) child, parent, brother, sister or relative dependent upon the deceased for support." For the propriety of the court's sua sponte grant of leave to amend the complaint see Delgrosso v. Gruerio, 255 Pa. Super. 560, 389 A.2d 119 (1978) and Keller v. Cook, 69 York Leg.Rec. 161 (1956). I.

  7. Sullivan v. Allegheny Ford Truck Sales

    283 Pa. Super. 351 (Pa. Super. Ct. 1980)   Cited 30 times

    A court may, on its own motion, permit or require amendment of a complaint or other pleading. Delgrosso v. Gruerio, 255 Pa. Super. 560, 389 A.2d 119 (1978). Discretion to allow such amendments is limited only to a consideration of whether or not it might unduly prejudice an adverse party.