Leckey v. Commonwealth
Edward C. LECKEY v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION
Citation599 Pa. 459, 961 A.2d 856, 2008 Pa. LEXIS 2341
Date Filed2008-12-30
DocketAppeal No. 329 WAL 2008
Cited1 times
StatusPublished
Full Opinion (html_with_citations)
ORDER
AND NOW, this 30th day of December, 2008, PennDOT’s Petition for Allowance of Appeal is hereby GRANTED; the order of the Commonwealth Court is VACATED, and the matter is REMANDED for reinstatement of the order granting nonsuit in favor of PennDOT. See Womer v. Hilliker, 589 Pa. 256, 908 A.2d 269, 278 (2006) (Pa.R.C.P. 126 is available to party a who makes substantial attempt to conform to rule of civil procedure, not to a party who disregards rule’s terms entirely and determines for himself what steps he can take to satisfy rule’s requirements).