Harrisburg TTH Attorneys, Joshua Bovender and Trevor Flynn, successfully obtained the dismissal of a Dauphin County trip-and-fall claim following Plaintiff’s repeated discovery violations.  Plaintiff allegedly fell over a cracked sidewalk at the client’s residential property.   After suit was filed, Plaintiff repeatedly failed to cooperate with discovery.  Plaintiff’s counsel contended that Plaintiff’s ongoing incarceration (on unrelated criminal charges) was impeding his ability to answer the discovery.

Plaintiff again failed to respond to the routine discovery, even after the Court provided an extended deadline for Plaintiff to answer.  Josh and Trevor moved for sanctions in the form of dismissal, citing Plaintiff’s failure to prosecute his claims.  Josh and Trevor successfully argued that the mere incarceration of a party does not alleviate the party from his obligation to prosecute his claims in civil court.   Because of the defense’s diligence in holding Plaintiff to his discovery obligations, the Court dismissed the case with prejudice against Josh and Trevor’s client.

Questions about this matter can be directed to Josh Bovender at jbovender@tthlaw.com or 717.237.7153 or Trevor Flynn at tflynn@tthlaw.com or 717.255.7239.