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McGOWAN v. UNIVERSITY OF SCRANTON

No. 87-5572.

837 F.2d 1242 (1988)

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

United States Court of Appeals, Third Circuit.

Decided February 1, 1988.

Attorney(s) appearing for the Case

Anne P. McHugh, Stephan Mashel, Pellettieri, Rabstein and Altman, Trenton, N.J., for appellants.

Roger E. Podesta, Joseph P. Moodhe, Debevoise & Plimpton, New York City, Jeffrey B. Rettig, Thomas & Thomas, Harrisburg, Pa., for appellee, Tambrands Inc.

Before GIBBONS, Chief Judge, and WEIS and BECKER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) January 22, 1988.

OPINION OF THE COURT

GIBBONS, Chief Judge:

This diversity case is a wrongful death action arising out of toxic shock syndrome allegedly caused by tampons manufactured by the defendant, Tampax, Inc. In 1983, the district court granted summary judgment in favor of Tampax, Inc. on the ground that under Pennsylvania law the action was time barred. This court, relying on a Pennsylvania Superior...

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