PHILADELPHIA – A Bucks County couple who alleged that the husband-plaintiff suffered a series of injuries when he fell on a wet staircase at a Sandals resort in St. Lucia have seen their case dismissed since proper service of the complaint was not made.
Ronald Kerr and Dorothy Kerr of Yardley first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Aug. 16 versus Sandals Resorts International Limited of Montego Bay, St. James, Jamaica; Unique Vacations, Inc. of Miami, Fla., Unique Vacations, Ltd. of Nassau, Bahamas and Unique Travel Corp. of Panama.
“On or about June 5, 2022, and for a long time prior thereto, it was the duty of the defendants, by and through its trustees, directors, agents, servants, workmen, employees and/or other representatives, to keep and maintain the aforesaid premises located at Pigeon Island Gros Islet, St Lucia, also known as Sandals Grande St. Lucian in a reasonably safe condition for persons lawfully upon the premises, such as plaintiff Ronald Kerr,” the suit said.
“On or about March 20, 2022, plaintiffs Ronald and Dorothy Kerr entered into a contract in the Eastern District of Pennsylvania with the defendants whereby they purchased, through defendant Unique Travel Corp, a vacation package from the defendants for an all-inclusive vacation from June 4, 2022 until June 11, 2022 at the defendants’ Sandals Grande St. Lucia resort. On or about June 5, 2022, plaintiff Ronald Kerr was an invitee at the defendant’s aforesaid premises located at Pigeon Island Gros Islet, St Lucia, also known as Sandals Grande St. Lucia.”
According to the plaintiffs, the defendants’ collective negligence was responsible for what transpired next.
“On or about June 5, 2022, plaintiff Ronald Kerr was lawfully on the aforesaid premises located at Pigeon Island Gros Islet, St. Lucia. Plaintiff was walking down the main set of stairs from the lobby and slipped on unmarked wet steps. He was holding on to a banister for support, when, suddenly and without warning, and as a direct result of a defective and/or dangerous condition of the premises, the banister plaintiff was holding onto snapped, thereby causing him to fall and sustain various severe and permanent bodily injuries and losses as more fully set forth below,” the suit stated.
Plaintiff Ronald Kerr claimed that he incurred severe injuries, including, but not limited to, concussion, post concussive syndrome, cervical sprain, lumbar sprain, lacerations to his right arm, tinnitus, sprain and strain in the right shoulder, as well as well as aches, pains, mental anxiety and anguish, and a severe shock to his entire nervous system.
In a Nov. 7 letter from Jeneen K. Abed, Civil Deputy Clerk to U.S. District Court for the Eastern District of Pennsylvania Joshua D. Wolson, the Court explained that the case was in danger of being dismissed.
“A review of the docket shows that service of the Complaint has not been made. Rule 4(m) of the Federal Rules of Civil Procedure requires that the defendant must be served with the complaint within 90 days after the complaint is filed. Proof of service must be filed with the Clerk’s Office within five days of service. If service is not made by Dec. 7, 2022, the action will be dismissed without prejudice for lack of prosecution unless good cause for the failure to comply with Rule 4(m) is shown prior to that time,” the letter said.
UPDATE
Wolson followed through with the dismissal on Dec. 9, as service had apparently still not been made.
“Upon review of the docket, which demonstrates that plaintiffs have not yet served defendants in the above-captioned matter, and pursuant to Federal Rule of Civil Procedure 4(m), and because the notice of appearance that defendants’ counsel filed does not waive the requirement of service of process, it is ordered that plaintiffs’ complaint is dismissed without prejudice,” Wolson said.
For count of negligence (premises liability) and loss of consortium, the plaintiffs are seeking, jointly and/or separately, compensatory damages not in excess of $150,000, together with costs of suit, and other, further and different relief as the court may deem just and proper.
The plaintiffs were represented by Brandon A. Swartz and Matthew J. McElvenny of Swartz Culleton, in Newtown.
The defendants were represented by Taylor Pickersgill and William J. Mundy of Burns White, in West Conshohocken.
U.S. District Court for the Eastern District of Pennsylvania case 2:22-cv-03577
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com