Brian F. Breen (Partner-Philadelphia, PA), Nigel A. Greene (Of Counsel-Philadelphia, PA), and Jesse M. Endler (Of Counsel-Philadelphia, PA) secured dismissal with prejudice of all claims against a commercial property owner in a case arising out of a fatal shooting in a robbery gone wrong that occurred in our client’s parking lot adjacent to a gentlemen’s club the decedent had just patronized. When the plaintiff (the estate) filed suit, they initially named as defendants in the complaint the club and those entities associated with the club’s property and unknown "John Does." However, during discovery, but after the statute of limitation ran, the plaintiff (and co-defendants) realized that the actual location of the shooting was on an adjacent property owned by our client. There were significant issues with service, including due diligence, reinstatement, location, manner, and receipt of service. Further, the amendment of the complaint to substitute our client for a John Doe defendant was improper under the rules because it was not a like-for-like substitution. New and additional facts were pleaded against our client, while retaining the same allegations against the replaced John Doe.

The Philadelphia team’s involvement arose very late and mere days before the pre-trial conference and about a month before trial was scheduled to begin. They filed an omnibus motion for relief challenging service of original process and the amendment to join our client. The Court agreed with our argument.​