Public-domain · open source
OpenJurist
← 436 Pa. Super. 509 - Matos v. Rivera

436 Pa. Super. 509 - Matos v. Rivera’s Empirical Analysis

1994

Citation profile

17
cited by 17 later decisions
1
states following
July 2010
most recently cited

15 state decisions

How this case has been cited

Cited by 17 later decisions — most recently July 2010

15 state decisions

70199420002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Stickel v. Ohio Casualty Co. · Commonwealth v. Young · Anderson v. Bushong Pontiac Co. · 262 Pa. Super. 473 - Junk v. East End Fire Department · Liney v. Chestnut Motors, Inc.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Pa.R.C.P. 1033 provides that a party, by leave of court, may amend his pleading at any time. “The decision whether to allow a proposed amendment of a pleading is within the sound discretion of the court below, and that decision will not be disturbed on appeal absent an abuse of discretion.” Pastore v. Anjo Construction Company, 396 Pa.Super. 58, 68 , 578 A.2d 21, 27 (1990). There is, however, a prohibition against amendments which add a new cause of action to a complaint after the running of the statute of limitations. “Though the right to amend a pleading is to be constructed liberally, amendment will not be permitted after the running of the statute of limitations if it introduces a new cause of action.” Del Turco v. Peoples Home Savings Association, 329 Pa.Super. 258, 274 , 478 A.2d 456, 464 (1984). A new cause of action arises if “the amendment proposes a different theory or a different kind of negligence than the one previously raised or if the operative facts supporting the claim are changed.” Junk v. East End Fire Department, 262 Pa.Super. 473, 490-491, 396 A.2d 1269, 1277 (1978).”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.