An intermediate appellate court in Pennsylvania has reinstated a wrongful death lawsuit despite finding that the plaintiffs' notice had been defective.

On June 30, a split, three-judge Superior Court panel ruled to reinstate Harrigan v. Forsythe after a York County judge dismissed the medical malpractice case because the plaintiff failed to properly serve the defendant either in a timely manner or through the use of a sheriff.

Although the Superior Court majority, led by Judge Daniel McCaffery, agreed that plaintiff, Katherine Harrigan, failed to properly give notice to the defense about the case under the rules, McCaffery said Pennsylvania courts have moved away from a "rigid compliance requirement" or a "mechanical approach" to notice, as long as the plaintiffs makes a good-faith effort to notify the defendant of the legal action.