A Berks County judge’s decision to dismiss a slip-and-fall case after the plaintiff failed to timely respond to discovery requests was too severe given that no motion to compel was ever issued and there was no evidence the delay prejudiced the defendant, the Pennsylvania Superior Court has ruled.
In Pollock v. F&D Investors, a three-judge panel ruled 2-1 to reverse Berks County Court of Common Pleas Judge Jeffrey Sprecher’s ruling dismissing the case.
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