The state Superior Court has sent a wrongful death suit back to the Philadelphia Court of Common Pleas after the trial court ruled New York was the more appropriate forum, in part, because of the city's overburdened court system.
Although the Superior Court did not address the plaintiff's contention that the trial court should not have considered the number of cases in the Philadelphia court system, the three-judge panel did say the lower court needed to examine whether the New York statute of limitations governing a wrongful death case has expired before it can decide whether to dismiss the case pursuant to an interstate forum non conveniens motion.
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