The 3rd U.S. Circuit Court of Appeals on Wednesday revived a negligence and strict product liability lawsuit against Electrolux Home Products over a clothes dryer that allegedly started a two-alarm fire that damaged four Philadelphia condominium units in February 2015.
The lower court had granted Electrolux’s motion to dismiss the action as time-barred, finding that plaintiff Vittorio Ginzburg tolled the two-year statute of limitations on the second anniversary of the fire by filing a writ of summons in state court as allowed by Pennsylvania law, but had missed the 90-day deadline to serve the writ. (Ginzburg died last September, while the case was on appeal.)
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