Appeals Court Rules Lower Court Abused Discretion in Dismissing Wrongful Death Case

PHILADELPHIA-A lower court's decision to grant a defendants' motion to dismiss on grounds of forum non conveniens was overturned when the Pa. Superior Court ruled that the court incorrectly assumed the issues of the plaintiff's wrongful death case. Humes v. Eckerd Corp., et al., No. 3019 EDA 2001(Pa. Super. Ct.).

The Sept. 5 opinion written by Superior Court Judge Correale F. Stevens stated that the Philadelphia County Court of Common Pleas erred in its decision to dismiss the albuterol case because it was based on a complaint the plaintiff filed in the state of New Jersey that was not …