STATUTE OF LIMITATIONS-STATUTE OF REPOSE-BORROWING STATUTE

Kornfeind v. New Werner Holding Co., 2022 Pa. LEXIS 1172 (August 16, 2022) (Mundy, J.)  This case says that 42 Pa.C.S. § 5521(b) does not apply where the accident happened in Illinois but lawsuit was initiated in Philadelphia.  Claim means any right of action which may be asserted in a civil action or proceeding.  The Supreme Court agreed with the lower court that the uniform statute of limitations on Foreign Claims Act does not require the application of a foreign jurisdiction statute of repose.  Statute of repose is substantive; statute of limitations is procedural.  Therefore, the order of the Superior Court that affirmed the trial court denying a motion for summary judgment was likewise affirmed by the Pennsylvania Supreme Court.