Lori Miller and Jessica Smeriglio successfully triumphed on a Motion for Judgment on the Pleadings, securing dismissal of an action brought against a Philadelphia hospital. In her complaint, Plaintiff alleged injury at the hospital on August 10, 2018. However, the hospital’s incident report and medical records indicated the incident occurred on July 11, 2018. Because the incident took place on July 11, 2018, Plaintiff filed her complaint after the statute of limitations had passed.
When advised of the statute issue, Plaintiff refused to withdraw the case voluntarily. Rather than proceed with a lengthy and costly discovery process for their client, Lori and Jessica implemented a defense strategy in which they filed an Answer to the complaint, attaching the hospital’s incident report and medical records as exhibits, pointing out that the accident occurred on July 11, 2018. Subsequently, they filed a Motion for Judgment on the Pleadings to dismiss the case based on the statute of limitations. In her response, Plaintiff vehemently denied the allegation that the incident occurred on July 11, 2018, and the Court allowed Plaintiff 30 days to furnish evidence to the contrary. After 30 days, when Plaintiff was unable to produce any such evidence, the Court dismissed Plaintiff’s action with prejudice.