(2/27/2004) -- The Pennsylvania Superior Court on Feb. 24 has reversed a Philadelphia Common Pleas Judgeâ€™s dismissal of an injured workerâ€™s suit against New Jersey Transit that was based on the grounds of forum non conveniens. In Dâ€™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 Appellantâ€™s case on the ground of forum non conveniens and in dismissing Apellantâ€™s case sua sponte,” wrote Judge Debra M. Todd. “Accordingly, we reverse the trial courtâ€™s order and remand this case for further proceedings consistent with this opinion.”
A copy of the opinion is available from the Superior Courtâ€™s web site.