Whittington v. Daniels, 2025 Pa. Super. LEXIS 80 (Pa. Superior Ct., February 19, 2025) (Sullivan, J.)
We conclude that the filing of a MDJ complaint tolls the statute of limitations during the pendency of that case (in emphasis). However, the Defendant perfects an appeal that properly serves the Plaintiff with a praecipe to file a complaint, the statute of limitations begins to run again at the expiration of the 20-day period in which the Plaintiff is required to file a complaint. The filing of a praecipe or complaint tolls the statute of limitations. However, the onus is on the plaintiff to ensure a rid of summons is both filed and served within the statute of limitations, and the failure to do so will not be excused unless the plaintiff has a good-faith explanation for his conduct.
Because the Whittingtons failed to file a complaint before the expiration of the statute of limitations, Superior Court affirmed the trial court’s grant of a directed verdict.
