There are many things that can harm your slip-and-fall injury case. Sometimes, some of those things don’t have anything to do with the facts of your case. Your case can get derailed due to non-compliance with procedural rules. Your case can also run into trouble for other things like a failure to provide discovery materials mandated by the court. All of these things highlight how there is more to your case than the facts, and the odds of achieving success can be enhanced by retaining the services of a skilled Pennsylvania premises liability attorney.
Recently, a plaintiff named Ruben found himself in such a situation. Ruben filed a premises liability lawsuit as a result of the injuries he suffered in a slip-and-fall accident. During the preliminary phase of the case, in which each side exchanges information with the other (which is called the “discovery phase”), the defense asked for copies of Ruben’s medical records. Ruben, however, didn’t send those records to the defense, even after a second request. The trial judge threw out Ruben’s case entirely as a sanction for failing to provide the defense with properly requested materials.
The Superior Court threw out that dismissal, which gave Ruben a renewed opportunity to pursue his case. That court explained a strong rule in Pennsylvania law, which is that, since dismissal is the severest of sanctions, it should only be used for the most egregious examples of misconduct.