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BAYLESS v. PHILADELPHIA NAT. LEAGUE CLUB

No. 77-2042.

579 F.2d 37 (1978)

Patrick B. BAYLESS, Plaintiff-Appellant, v. PHILADELPHIA NATIONAL LEAGUE CLUB a/k/a the Philadelphia Phillies, the Vet Stadium, Defendant-Appellee.

United States Court of Appeals, Third Circuit.

Decided June 5, 1978.

Attorney(s) appearing for the Case

John I. McMahon, King of Prussia, Pa., for plaintiff-appellant.

Gerald A. Dennehey, Charles W. Craven, Marshall, Dennehey & Warner, Philadelphia, Pa., for defendant-appellee; Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., of counsel.

Before SEITZ, Chief Judge, ALDISERT, Circuit Judge, and STERN, District Judge.

Submitted under Third Circuit Rule 12(6) April 26, 1978.

OPINION

STERN, District Judge.

This diversity action presents the question whether the Pennsylvania two-year statute of limitations bars an action by one who did not discover the cause of his injury within the two-year period. Because there exist genuine issues of material fact as to when the limitations period began to run, we reverse the summary judgment granted the defendant.

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