Philadelphia Partner Rich Ostriak obtained an order dismissing our client from a Philadelphia premises liability action arising from an excavation project performed at a residential sidewalk.
The plaintiff alleged injuries resulting from a trip and fall near a sidewalk excavation site. Our client had been subcontracted by a plumbing contractor to excavate through the sidewalk to access exterior plumbing. After completing the excavation work and backfilling the area, the site was covered with plywood and safety cones. The homeowner was responsible for arranging any subsequent concrete work. The plaintiff’s alleged incident occurred several months later.
Our client was joined to the litigation by stipulation of the parties after the matter had been pending. Plaintiffs also filed a separate savings action against the client to toll the statute of limitations. Following review of the procedural history, it appeared that plaintiffs never filed the amended complaint attached to the stipulation and did not serve the amended complaint within the time required by the Pennsylvania Rules of Civil Procedure.
Rich filed preliminary objections based on those procedural deficiencies. The court granted the preliminary objections and dismissed the client from the primary action with prejudice.
While the separate savings action remains pending, the ruling removes the client from the primary litigation and eliminates all cross claims asserted by the remaining defendants against the client.
