TRIFFIN VS. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, ET AL. (DC-004942-18, CAMDEN COUNTY AND STATEWIDE) (A-1473-18T1)
In this special civil part action, defendant Southeastern Pennsylvania Transportation Authority filed an answer but did not plead any affirmative defenses and never moved to dismiss for lack of personal jurisdiction prior to trial. Despite SEPTA's waiver of the defense, the trial judge raised it on his own at the trial's outset, and, after hearing brief argument, dismissed the claim against SEPTA for lack of personal jurisdiction.
In reversing the dismissal of the claim against SEPTA and remanding for a trial on the merits, the court concluded that once the defense of lack of personal jurisdiction is waived, a judge is not empowered to resurrect it.
