Legal Opinion

Schach v. Ford Motor Co.

District Court, M.D. Pennsylvania

Decided October 3, 2002No. Civ.A. No. 3:01-CV-798PublishedCited by 1 opinion

1Opinion of the Court

*523 MEMORANDUM

CAPUTO, District Judge.

This action arises from an auto accident involving the Plaintiff.1 Defendant Bridge-stone/Firestone North American Tire, LLC (“Bridgestone/Firestone”) now moves to dismiss Plaintiff Shirley Schach’s product liability action as time-barred. (Doc. 22.) Because Plaintiff failed to file her amended complaint in a timely manner as prescribed by Pennsylvania law, and because neither the relation-back doctrine nor the discovery rule excuses her lateness, I will grant Bridge-stone/Firestone’s motion to dismiss.

Plaintiff commenced this diversity action on May 7, 2001,…

2Cases cited41 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Hanna v. PlumerSupreme Court of the United States · 1965
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

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3Cited by1 opinion

  1. In Re Franklin Mutual Funds Fee LitigationDistrict Court, D. New Jersey · 2007

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