Carr v. Michuk

More than one month after a defense verdict in a non-jury trial, the plaintiff filed a motion for leave to file a post-trial motion nunc pro tunc. The trial court denied the motion, claiming that the plaintiff did not show he was diligent in filing the motion. The Superior Court reversed after finding that the prothonotary failed to note in the docket that it gave proper notice of the verdict to all of the parties pursuant to Pa.R.Civ.P. 236(b). As a result, the 10-day window to file post-sentence motions never opened.

Carr-v.-Michuk