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ASTORINO v. NEW JERSEY TRANSIT CORP.

912 A.2d 308 (2006)

Giovanni ASTORINO and Sandra Astorino, H/W and Mark Shtraus and Lilita Shtraus, H/W, Appellants v. NEW JERSEY TRANSIT CORP., a/k/a New Jersey Transit Rail Operations, Appellee.

Superior Court of Pennsylvania.

Filed October 24, 2006.

Reargument Denied December 28, 2006.

Attorney(s) appearing for the Case

Stephen Ernst, Philadelphia, for appellants.

Gregory F. Cirillo, Philadelphia, for appellee.

BEFORE: KLEIN, BOWES and KELLY, JJ.

OPINION BY KLEIN, J.:

¶ 1 Plaintiffs Giovanni Astorino, Sandra Astorino, Mark Shtraus, and Lilita Shtraus, who are all Pennsylvania residents, sued New Jersey Transit Corporation for injuries they suffered as a result of a commuter train derailment in Hudson County, New Jersey. The distinguished trial judge dismissed plaintiffs' complaint for lack of subject matter jurisdiction. On appeal, the trial judge deemed all issues waived because he held that the Pa.R...

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