Wednesday, September 30, 2015

Judgement Non Pros Granted in Monroe County Case Relative to Delays in Prosecuting Claim

In his recent decision in the case of Moll v. Reinhart and Rusk, PICS Case No. 15-1336 (C.P. Monroe Co. May 11, 2015 Williams, J.), Judge David J.Williamson granted a Defendant’s request for the entry of a judgment non pros in a case where nearly four (4) years passed between the filing of a Writ of Summons and the filing of a Complaint without any compelling reason for the delay being provided to the Court. Judge Williamson found that this amounted to a lack of due diligence on the part of the Plaintiff and, therefore, the Defendant’s Motion to Dismiss For Lack of Prosecution was granted.

This matter arose out of a fall from a work place ladder.

The Writ of Summons was filed the day before the expiration of the applicable statute of limitations and was timely served on one (1) of the Defendants. Another Defendant was not served until approximately two (2) years later with Writ. Although the Writ was filed in August of 2012, the Complaint was not filed until June of 2014.

Judge David J. Williamson
Monroe County
The Court noted that, in the interim, the only witness to the accident passed away. This, according to the Court, amounted to prejudice to all of the Defendants.

Anyone desiring a copy of this decision by the Court may contact the Instant Case Service of the Pennsylvania Law Weekly at 1-800-276-7427.

Source: "Digest of Recent Cases" Pennsylvania Law Weekly "September 1, 2015"

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