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KURZKE v. NISSAN MOTOR CORP.

752 A.2d 708 (2000)

164 N.J. 159

April M. KURZKE, Individually and as Representative of the Estate of Hartmut Kurzke and Brendan Kurzke, an infant by his Guardian ad Litem, April M. Kurzke, Plaintiffs-Appellants, v. NISSAN MOTOR CORPORATION IN U.S.A., Nissan Research and Development, Ford Motor Company, Inc., and Bristol Motors, Inc., Defendants-Respondents, John Does (1-10), fictitious names, and ABC Corporations (1-8), fictitious names, Defendants.

Supreme Court of New Jersey.

Decided June 15, 2000.

Attorney(s) appearing for the Case

Peter L. Korn, Springfield, for plaintiffs-appellants (McDonough, Korn & Eichhorn, attorneys; R. Scott Eichhorn and Danielle M. Verrastro, on the brief).

Gerard Cedrone, Philadelphia, PA, for defendants-respondents (Lavin, Coleman, O'Neil, Ricci, Finarelli & Gray, attorneys; Jo E. Peifer, on the brief).

The opinion of the Court was delivered by VERNIERO, J.

We are called on in this appeal to decide whether plaintiffs' action should be dismissed on the basis of the doctrine of forum non conveniens. That doctrine is equitable in nature and allows a court to decline jurisdiction when it would be inappropriate to try the case in the forum selected by the plaintiff. We also address when in the litigation a party should properly move to dismiss an action on that...

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