Frombach v. Gilbert Associates, Inc.

CAREY, Justice.

This case comes to us upon certification by the Superior Court. We accepted it because the questions raised are of first impression in Delaware and a determination in defendant’s favor will terminate the case, thus avoiding a lengthy and expensive trial.

The questions certified are these:

“I. Does the Delaware Savings Statute (10 Del.C. Section 8117) apply in a case where a tort is committed in Pennsylvania, which has no equivalent Savings Statute, but where suit is timely brought in the federal court of Delaware, and is dismissed after the running of the Statute of Limitations…