Rostron v. Marriott Hotels

MEMORANDUM

LUDWIG, District Judge.

In this action for personal injuries, defendant moves for summary judgment, Fed.R.Civ.P. 56(b), asserting that plaintiff’s claim is time-barred. The complaint alleges that plaintiff fell on defendant’s property in California on July 4, 1984. Suit was instituted in the Philadelphia Court of Common Pleas on July 1, 1986 and removed to this court September 25, 1986. Subject matter jurisdiction arises from diversity of citizenship, 28 U.S.C. § 1332 (1982).

“A federal court, sitting in diversity, follows the forum’s choice of law rules to determine the applicable…