Michael J. Muldoon v. Tropitone Furniture Company Marriott Corporation
Opinion
Opinion
Farris, J.
Michael J. Muldoon appeals the dismissal of his personal injury action against Tropi-tone Furniture Company and The Marriott Corporation. The district court dismissed the action as time barred. We vacate and remand.
I.
Muldoon allegedly suffered an injury on September 12,1989, during a stay at the San Diego Marriott Hotel, when he adjusted a lounge chair manufactured by Tropitone Furniture Company. On October 10, 1990, Mul-doon filed a personal injury action against Marriott and Tropitone in California state court. That action was dismissed without prejudice for failure to comply with California’s one-year statute of limitations, Cal.Civ. Proe.Code § 340(3) (West 1982).
On September 12, 1991, Muldoon commenced this diversity action against Marriott and Tropitone in the United States District Court for the Northern District of Illinois. On its own motion, the district court in Illinois transferred the action to the United States District Court for the Southern District of California pursuant to 28 U.S.C. § 1404 (a). The district court in California then dismissed the action as time barred under the California statute of limitations.
II.
Section 1404(a) of Title 28 states: “For…