Alatrista v. Diamond Club

The Pennsylvania Superior Court held that an unverified complaint is sufficient to satisfy the statute of limitations. The plaintiffs sued after an incident at a strip club, alleging assault and battery, intentional infliction of emotional distress, and negligence. The defendants filed preliminary objections, claiming that the plaintiffs failed to include a verification with the complaint. The trial court granted the POs. The Superior Court reversed. The Court ruled that the complaint placed the defendants on notice within the two-year limitations period. Furthermore, there was nothing in the record to support a conclusion that the plaintiffs’ noncompliance with Pa.R.C.P. No. 1024 was willful, rather than a mere oversight.

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