Josh Bovender and Shannon Harkins recently obtained an early dismissal of a Franklin County premises liability claim.  The action arose from a fall Plaintiff sustained while descending an exterior staircase at an apartment building.  She allegedly tripped and fell over an unstable concrete paver.  Plaintiff filed suit against the property owners, alleging serious injuries to her face, knee, wrist, and head.

 While evaluating the suit’s posture, Josh and Shannon discovered that Plaintiff’s initial attempts at service were invalid.  It was further discovered that Plaintiff failed to make continuous and good faith attempts to serve the Defendants after filing her Writ of Summons.  Plaintiff would eventually serve Defendants via publication, after obtaining permission to do so.  Thereafter, Josh and Shannon filed Preliminary Objections, asserting that service was improper and that the claim was barred by the Lamp doctrine and the statute of limitations.  Under Lamp and its progeny, a complaint or writ of summons will remain effective to commence an action only if the plaintiff makes good faith efforts to serve original process after filing suit, and refrains from a course of conduct which serves to stall the legal machinery he/she has set in motion.  In the instant case, the Franklin County Court agreed with Josh and Shannon’s argument and sustained their Preliminary Objections, dismissing the case outright.

Questions about this case can be directed to Joshua Bovender at (717) 237-7153 or jbovender@tthlaw.com, or to Shannon Harkins at (717) 237-7147 or sharkins@tthlaw.com.