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McCREESH v. CITY OF PHILADELPHIA

888 A.2d 664 (2005)

Charles F. McCREESH, Appellant v. CITY OF PHILADELPHIA, Appellee.

Supreme Court of Pennsylvania.

Decided December 28, 2005.

Attorney(s) appearing for the Case

Gerald B. Baldino, Media, for Charles F. McCreesh.

George Gerasimos Rassias, Media, for PA Trial Lawyers Association, amicus curiae.

Alan C. Ostrow, Philadelphia, for City of Philadelphia.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, BAER, JJ.

OPINION

Justice BAER.

We granted review in this case to clarify what constitutes a good faith effort by a plaintiff to effectuate notice to a defendant of the commencement of an action. In the seminal case of Lamp v. Heyman, 469 Pa. 465, 366 A.2d 882 (1976), this Court sought to end abuses of process by plaintiffs who tolled the statute of limitations by filing a writ of summons...

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