Opinion

Anthony v. Koppers Co., Inc.

  • 496 Pa. 119
  • 436 A.2d 181
  • 1981 Pa. LEXIS 1006
Court
Supreme Court of Pennsylvania
Filed
Oct 29, 1981
Status
Published
Author
O'Brien
On the bench
Wilkinson, O'Brien, Nix, Larsen, Kauffman
Cited by
116 cases

examining statute requiring wrongful-death action “shall be brought within one year of death, and not thereafter” and finding the requirement that a wrongful death action be brought within one year after a “definitely established event, — ‘death’—leaves no room for construction”

How later courts described this case

  • examining statute requiring wrongful-death action “shall be brought within one year of death, and not thereafter” and finding the requirement that a wrongful death action be brought within one year after a “definitely established event, — ‘death’—leaves no room for construction”
  • discovery rule does not apply to wrongful death statute which provided that a cause of action "shall be brought within one year after the death, and not thereafter" (italics ours) since the Legislature intended death, and not discovery, to be the time at which the cause of action accrues
  • plurality opinion, authored by Mr. Justice Wilkinson and joined in by Messrs. Justice Roberts and Flaherty, with Messrs. Justice Larsen and Kauffman concurring in the result
  • "Appellants, of course, argue that the discovery rule is inapplicable and that the statutory periods began to run, at the latest, on the dates of the decedents' deaths. We agree."

Written by the judges who cited it.

Distinguished

  • Distinguished by McGOWAN v. UNIVERSITY OF SCRANTON, 759 F.2d 287 (1985)

    Cf. Anthony, 496 Pa. at 122, 436 A.2d at 183 ("Appellants, of course, argue that the discovery rule is inapplicable and that the statutory periods began to run, at the latest, on the dates of the decedents' deaths.
    Court of Appeals for the Third CircuitMay 15, 1985Read it
  • Distinguished by McGowan v. University of Scranton, 759 F.2d 287 (1985)

    Cf. Anthony, 496 Pa. at 122, 436 A.2d at 183 (“Appellants, of course, argue that the discovery rule is inapplicable and that the statutory periods began to run, at the latest, on the dates of the decedents’ deaths.
    Court of Appeals for the Third CircuitApr 12, 1985Read it
  • Distinguished by Gravinese v. Johns-Manville Corp., 324 Pa. Super. 432 (1984)

    496 Pa. 119, 436 A.2d 181 (1981), the Supreme Court held that the “discovery rule” was inapplicable to wrongful death and survival actions.
    Supreme Court of PennsylvaniaJan 20, 1984Read it

The opinion

O’BRIEN, C. J.,

filed a dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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