November 08, 2011 : Richard E. Stabinski and Andrew R. Benedict Obtain Forum Non Conveniens Dismissal
On November 1, 2011, Judge William Manfredi of the Philadelphia Court of Common Pleas granted a motion to dismiss filed by Rick Stabinski and Andy Benedict on behalf of a New York based travel agency sued by the estate of a 17 year old Brooklyn, New York decedent who drowned in a hotel swimming pool in Carlisle, Pennsylvania after the tour had visited Hershey Park. Plaintiff filed suit in Philadelphia against the New York travel agency and the Carlisle hotel. Plaintiff settled with the hotel leaving the travel agency as the sole remaining defendant.
The motion to dismiss was based on the doctrine of forum non conveniens and argued that the case had absolutely no connection with the City of Philadelphia and that since the statute of limitations had not run, Plaintiff could still re-file this suit in the more convenient courts of either Manhattan or Brooklyn, New York. A very detailed record was provided to support the relevant public and private factors needed for a court to dismiss a case under this doctrine.
This was Rick Stabinski's fourth dismissal of a high profile case in the last year. Please review Rick's biography for more information relating to the other dismissals.
File Under: Results, General Liability, Andrew R. Benedict, Richard E. Stabinski