Kelly v. Hazleton General Hospital

JOHNSON, J.:

¶ 1 Susan Kelly appeals the trial court’s order sustaining the defendants’ motion for judgment on the pleadings. She contends that the trial court erred in concluding that she was barred from litigating her claim in state court due to her failure to comply with 42 Pa.C.S. § 5103(b), which permits the transfer to state court of a case dismissed from federal court for want of jurisdiction. She argues that her noncompliance was not sufficient, as a matter of law, to deny her protection under Section 5103 from normal operation of the otherwise applicable statute of limitations. Due to…