On the other hand, the plaintiffs maintain that their filing was timely in that the interpretation of a year under the statute may be either three hundred sixty-five (365) days or three hundred sixty-six (366) days in a leap year when February consists of twenty-nine (29) days. The plaintiffs filed their complaint seven hundred and thirty-one (731) days after the cause of action had arisen, being arguably one day beyond the applicable Pennsylvania statute of limitations for personal injury actions. It asserts that the proper way to calculate the statutory period is to equate the term "year" with a period of three hundred sixty-five (365) days only, notwithstanding the fact that one of the years was a leap year consisting of three hundred sixty-six (366) days. 56, predicated upon the argument that the plaintiffs' cause of action is time-barred under Pennsylvania law as a result of their filing the complaint two years and a day after the cause of action arose (the matter is controlled by a two-year statute of limitations, 42 Pa.Stat.Ann. In this personal injury action, based upon diversity jurisdiction, the defendant has filed a motion for summary judgment pursuant to Fed.R.Civ.P. Lenahan, Lenahan & Dempsey, Scranton, PA, for defendant.
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