3 replies to this topic

[lawsuit_1941]

Slip and fall injury supposed to have happened on  November 27, 2003 in Delaware County,  A case was filed on November 28,2005. Pa law reads 2 year limit state law 42 Pa.Con.Stat. Sec. 5524

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The same case is filed in Delaware County on 3/15/2011 and it is active.

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Can you explain why it's still being persued?

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Thank you

[GuessAgain]

Because the statute of limitations is an affirmative defense and it's up to the defendant to raise it.

[Fallen]

Pretty sure I posted on the other/original thread about this, but don't know where reply went:

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http://boards.answers.findlaw.com/n/pfx/forum.aspx?sr=y&msg=80349.3&nav=messages&webtag=fl-personal_inj

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It's unclear whether you're just looking at status online or what, or where the case is at since you say it's "active."  You have a finite length of time under the law I presume to file a motion to dismiss based on the statute of limitations having run.  If this case is over a year old, presumably it's in some kind of stasis or at least in discovery mode.  You may well have waited too long to file a motion to dismiss on that basis, but this is something you'd need to discuss with counsel.  As PG pointed out in other thread, unclear why your insurance company wouldn't have been notified about this and be handling case (unless you waited too long to report incident to them and they said "we're out of this").

[pg1067]

http://forums.prospe.../0/5/quote.icon); PADDING-BOTTOM: 5em; LINE-HEIGHT: 1.5em; BACKGROUND-COLOR: #f5f5f5; FONT-STYLE: italic; MARGIN: 0.5em; PADDING-LEFT: 65px; PADDING-RIGHT: 40px; BACKGROUND-REPEAT: no-repeat; BACKGROUND-POSITION: 39px 9px; COLOR: #666; FONT-SIZE: 90%; PADDING-TOP: 0.5em" class="ptMsgQuote">lawsuit_1941 said...

Can you explain why it's still being persued?\r\n