Galligan v. Westfield Centre Service, Inc.

The issue in this case is whether New Jersey’s statute of limitations for personal injury actions is tolled by the filing of a complaint in a court having no colorable jurisdiction over the subject matter of the controversy.

Plaintiff’s decedent was ifijured in an automobile accident on April 17, 1975, and died on May 19, 1975. On April 14, 1977, three days before the expiration of the statute of limitations affecting survival claims, plaintiff filed a complaint in the United States District Court setting forth wrongful death and survival claims.

Alleging diversity of citizenship as a basis for…