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CHINTALA v. DIAMOND REO TRUCKS

May 9, 1975

SHIRLEY H. CHINTALA, Administratrix of the Estate of JOHN CHINTALA, deceased and SHIRLEY H. CHINTALA, in her own right,
v.
DIAMOND REO TRUCKS, INC.


Fogel, D.J.


The opinion of the court was delivered by: FOGEL

FOGEL, D.J.

 Defendant has moved to Stay Proceedings in this Court pending the outcome of a related case filed in the Court of Common Pleas for Montgomery County. *fn1" The Motion will be granted for the reasons set forth in this memorandum.

 In Nigro v. Blumberg, 373 F. Supp. 1206 (E.D.Pa. 1974), we reviewed factors which should be considered before invoking a federal district court's inherent power to stay proceedings in a case which is also the subject of litigation in a state court. The following key issues should be explored and weighed:

 1. considerations of comity,

 2. promotion of judicial efficiency,

 3. adequacy and extent of relief available in the alternative forum,

 4. identity of the parties and of the issues in both actions,

 5. likelihood of prompt disposition in the alternative forum,

 6. convenience of the parties, counsel, and witnesses, and

 7. possible prejudice to a party as a result of the stay.

 Plaintiff is suing in her own right and as Administratrix of the Estate of John Chintala, under the Pennsylvania wrongful death and survival statutes. John Chintala was killed when a truck, alleged to have been manufactured by the defendant, backed up and struck him. At the time, plaintiff's decedent was working on a construction project for which Asphalt Paving and Supply Company was general contractor. The truck was averred to have been owned and operated by Nicolas J. DiDomenico, Jr., an employee of Sam Monastero. Monastero, in turn, was a subcontractor of Asphalt Paving and Supply for the construction project; the vehicle allegedly had been purchased by Monastero from Holly Jon Equipment Company.

 The state court action was filed in the Court of Common Please for Montgomery County. Plaintiff sued Asphalt Paving and Supply Company, which, in turn, has brought in Diamond Reo Trucks, Inc., Nicolas J. DiDomenico, Jr., Sam Monastero, and Holly Jon Equipment Company, as additional defendants. Therefore, all parties who could ...


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