Scranton partner Jeffrey Havran secured the dismissal of a slip-and-fall lawsuit in the Court of Common Pleas of Monroe County.
The plaintiff alleged personal injuries sustained at an indoor water park due to a wet and slippery surface. While the plaintiff filed the lawsuit within the statute of limitations, she failed to serve the defendants in accordance with Pennsylvania Rules of Civil Procedure. The reinstated complaint was eventually served after the statute of limitations had expired.
Jeffrey filed Preliminary Objections, arguing that the plaintiff did not act diligently in making a good faith effort to serve the complaint within the required timeframe. The Court agreed, finding the plaintiff failed to meet the evidentiary burden to establish timely service. As a result, the Court dismissed the action, entering judgment in favor of the defendants.
