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Rebar Kelly continues to successfully navigate Professional Liability cases – obtains Judgment of Non Pros against Plaintiffs and avoids potential money damages in excess of $50,000.
On November 27, 2023, the Prothonotary of Montgomery County entered a Judgement of Non Pros in favor of Rebar Kelly’s clients and against Plaintiffs.This matter initiated on February 3, 2022, when Plaintiffs filed a Praecipe for Summons and Notice with the Court of Common Pleas in Montgomery County, Pennsylvania. Plaintiffs were co-administrators bringing this lawsuit for professional liability and negligence claims on behalf of a decedent’s estate. Based on the Summons and limited pre-complaint discovery, Plaintiffs’ claims would have alleged the negligent treatment received at a nursing home in excess of $50,000.
However, after failing to file a Civil Complaint, Rebar Kelly filed a Praecipe to File a Complaint seeking an entry of judgment of Non Pros against Plaintiffs. In accordance to Montgomery County local rules, Rebar Kelly sent a Notice of Praecipe to Enter Judgment of Non Pros to Plaintiffs and the Prothonotary of Montgomery County entered a judgment of Non Pros in favor of Defendants and dismissed the case.
Courts treat the terms judgment of Non Pros and lack of prosecution synonymously, and this entry of judgment of Non Pros is a significant outcome for Rebar Kelly’s clients, which amounts in the savings of not only potential damages, but significant costs associated with litigation.
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