Wilson Elser Moskowitz Edelman & Dicker LLP
08/16/2023 | News release | Distributed by Public on 08/16/2023 10:34
Muse and Connell Win Motion to Dismiss on Failed Service of Process
Muse and Connell Win Motion to Dismiss on Failed Service of Process
August 16, 2023
Dirk Muse (Of Counsel-Seattle) and Erik Connell (Of Counsel-Seattle) had a motion to dismiss granted in the District Court of King County, Washington, in a slip and fall claim against Wilson Elser's client, an international commercial real estate company. The plaintiff alleged injuries arising from a slip and fall in a shopping mall owned by our client. While the plaintiff filed the case within the three-year statute of limitations, she failed to serve the summons and complaint within Washington's 90-day tolling period. Dirk and Erik filed a motion to dismiss based on the lack of timely service. Despite the plaintiff's arguments of waiver and equitable estoppel, the judge granted Wilson Elser's motion, resulting in dismissal.