Injured NJ Transit worker may pursue case against
employer in Philadelphia court, Superior Court rules

(2/27/2004) -- The Pennsylvania Superior Court on Feb. 24 has reversed a Philadelphia Common Pleas Judge’s dismissal of an injured worker’s suit against New Jersey Transit that was based on the grounds of forum non conveniens. In D’Alterio v. New Jersey Transit Rail Operations, a three-judge panel of the Superior Court has ruled that the plaintiff, who resides in New Jersey, may pursue his claim against his employer in Philadelphia court.

“We conclude that the trial court abused its discretion in holding that the public and private facotors supported a dismissal of Appellant’s case on the ground of forum non conveniens and in dismissing Apellant’s case sua sponte,” wrote Judge Debra M. Todd. “Accordingly, we reverse the trial court’s order and remand this case for further proceedings consistent with this opinion.”

A copy of the opinion is available from the Superior Court’s web site.