Kennedy v. Crothall, 2024 Pa. Super. LEXIS 336 (Pa. Super, Ct., August 7, 2024) (Colins, J.)
Trial court dismissed GE defense for lack of personal jurisdiction. The court also granted Motion to Dismiss for forum non conveniens filed by Defendant Crothall Healthcare, Inc. The Superior Court affirmed both. J.F. sustained injuries during a tonsillectomy and adenoidectomy performed in Jacksonville, Florida. The individual was left in a permanent vegetative state. The issue was DATEX, a machine manufacturing by GE. The suit was filed through state court, subsequently removed to federal court. However, the federal court then remanded the state court ruling that Crothall had not been fraudulently joined as a defendant to defeat federal diversity jurisdiction. The court found that there was not enough contact with Pennsylvania for DATEX, Delaware Corporation, to be involved. Likewise, the court found forum non conveniens, because of inconvenience.
