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ATTENTION DIMITRY or someone??!! I asked a "just answer" question but have not received any response and don't know where I will locate it when I get any response??! Please advise. [email protected]
(2) lack of personal jurisdiction;
(3) improper venue;
(4) insufficient process;
(5) insufficient service of process;
(6) failure to state a claim upon which relief can be granted; and
(7) failure to join an indispensable party.
We note, preliminarily, that, although the sanction in question precluded Croydon from introducing expert testimony, but did not altogether dismiss Croydon's case, we will review the present appeal as if the trial court dismissed Croydon's complaint. This Court recently held that such heightened review is appropriate to dismissal in that it leads to summary judgment being granted against the sanctioned party. Since the dismissal of an action is the most severe sanction which a trial court may impose, the court must carefully balance the equities of the particular case and "dismiss only where the violation of the discovery rules is willful and the opposing party has been prejudiced."
Id. at 628-29 (quoting Stewart v. Rossi, 452 Pa.Super. 120, 681 A.2d 214 (1996)). See also Wolloch v. Aiken, 756 A.2d 5 (Pa.Super.2000) (dismissal based on failure to identify expert requires both willfulness and prejudice).
The above-quoted case is the only relevant PA case law opinion that I can find (and I have access to every opinion ever issued by a PA court). The point is that plaintiff's attorney must have either done something extraordinarily grave -- sufficient to warrant a malpractice action by plaintiff (unless plaintiff put his/her attorney up to the bad acting) -- or, an appellate court would have to reverse for abuse of discretion, because no reasonable jurist would dismiss a case, solely due to an argument with an attorney representing a party in a case.
Again, the only way to get a resolution of this issue is to appeal (though, you can also do what I've described in my other answers -- they just aren't likely to lead to a positive outcome).
Hope this helps.
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