Leavy v. Saunders

OPINION ON MOTION OF DEFENDANT TO DISMISS

TAYLOR, Judge.

Plaintiffs were injured in a rear-end collision on Route I-9S north of Wilmington, Delaware on May 23, 1970. Plaintiffs sued defendant on February 24, 1972 in court in Pennsylvania, in the belief that the accident occurred in Pennsylvania and attempted to serve defendant under the Pennsylvania Long-Arm Statute, service thereunder being effected March 10, 1972. Defendant subsequently appeared in the Pennsylvania action and challenged the service on the ground that the accident occurred in Delaware and the parties agreed that the purported…