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McTYRE v. BROWARD GENERAL MEDICAL CENTER

Civ. A. Nos. 90-2343 (MHC), 90-1549 (MHC).

749 F.Supp. 102 (1990)

Sarah McTYRE, Plaintiff, v. The BROWARD GENERAL MEDICAL CENTER, Drs. Kirkley, Gilbert & McDaniel, P.A., William H. Kirkley, M.D., G.C. McDaniel, M.D. and John Does, Nos. 1 through 20, Defendants.

United States District Court, D. New Jersey.

October 24, 1990.

Attorney(s) appearing for the Case

April & Maudsley by Mary J. Maudsley, Linwood, N.J., for plaintiff.

Krusen Evans and Byrne by James L. Barlow and Robert S. Foster, Collings-wood, N.J., for defendant Broward General Medical Center.

Lomell, Muccifori, Adler, Ravaschiere, Amabile & Pehlivanian by Dominic Ravaschiere, Toms River, N.J., for defendants Drs. Kirkley, Gilbert & McDaniel, P.A. and William H. Kirkley, M.D. and G.C. McDaniel, M.D.

OPINION

COHEN, Senior District Judge:

The issue presented in this case is whether a district court should dismiss an action, rather than transfer it, where (1) the cause of action would be timely filed under the choice of law and internal law of the state in which this court sits, (2) there is no personal jurisdiction in this court, and (3) the action would be time-barred under the law of the state in which the prospective transferee court sits. The case...

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