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McGOWAN v. UNIVERSITY OF SCRANTON

No. 84-5091.

759 F.2d 287 (1985)

Gaylon H. McGOWAN, Administrator ad Prosequendum of the Estate of McGowan, Valerie Joyce, Deceased, General Administrator of the Estate of McGowan, Valerie Joyce, Deceased, and Gaylon H. McGowan and Gloria McGowan, Individually, Appellants, v. UNIVERSITY OF SCRANTON, a corporation of the Commonwealth of Pennsylvania; and Gloria Gavin, R.N., and Tampax, Inc., a corporation of the State of Delaware, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 12, 1985.

Rehearing Denied May 15, 1985.

Attorney(s) appearing for the Case

Benjamin N. Cittadino (argued), Pellettieri, Rabstein & Altman, Trenton, N.J., Isabelle Frank, Betsy Sweetser, Trenton, N.J., on the Brief, for appellants.

Gordon B. Simmons (argued), Cody H. Brooks, Henkelman, Kreder, O'Connell & Brooks, Scranton, Pa., for appellee University of Scranton.

Richard G. Fine, Bialkowski, Fine & Bialkowski, Scranton, Pa., for appellee Gavin.

Roger E. Podesta, Kenneth E. Wile (argued), Marc M. Arkin, Debevoise & Plimpton, New York City, Jeffrey B. Rettig, Thomas & Thomas, Harrisburg, Pa., for appellee Tampax, Inc.

Before SEITZ and BECKER, Circuit Judges, and TEITELBAUM, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal in a diversity case, 28 U.S.C. § 1332, presents the question whether the running of the statute of limitations applicable to actions brought under the Pennsylvania wrongful death and survival statutes enacted in 19781 may be tolled when a plaintiff is unable, despite the exercise of due diligence, to determine the cause of the decedent's death. The Pennsylvania Supreme...

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