Costello v. American Casualty Co. of Reading

DAVID R. M. WILLIAMS, Judge.

Plaintiff, Donald Costello, appeals a judgment which sustained an exception of prescription filed by defendant, American Casualty Company of Reading, PA, and dismissed plaintiff’s uninsured motorist claim. The suit, plaintiff’s second suit *1143against defendant on the same cause of action, was filed after the first suit had been dismissed without prejudice “for failure to permit discovery” and more than two years after the alleged accident giving rise to plaintiffs claim against the insurer. The sole issue before this Court is whether the interruption of prescription…