Lymerix Claim Voluntarily Discontinued and Refiled to Avoid Jury Waiver May Continue, Pa. Super. Ct. Rules

PHILADELPHIA - A Pennsylvania appeals court has held that a plaintiff in a Lymerix products liability case may voluntarily discontinue a case to avoid a previous jury trial waiver as long the discontinuance does not subject any party to unreasonable inconvenience, vexation, harassment, expense or prejudice. Marra, et al. v. SmithKline Beecham Corp., No. 480 EDA 2001 (Pa. Super. Ct.).

The Superior Court of Pennsylvania's Dec. 28 decision affirmed a trial court's refusal to strike plaintiffs' voluntary withdrawal.

Plaintiffs filed suit against defendant SmithKline Beecham on June 12, 2000, alleging that they had been injured by a Lyme Disease …