Witherspoon v. City of Philadelphia

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

ZAPPALA, Justice

We granted allowance of appeal to consider the extent of the inquiry to be made regarding a plaintiffs efforts to serve process for purposes of determining whether the filing of a writ of summons tolled the limitation period for commencing *390an action. We find no error in the decisions below and therefore affirm.

John Witherspoon alleges that he injured his foot when he slipped and fell on a loose shower drain at Holmesburg Prison on September 17, 1994. On March 15, 1995, in compliance with 42 Pa.C.S. § 5522, Witherspoon’s counsel…