Task: Wrong Candidate Generation
Input (English): representative the right of action which accrued to the deceased at common law. See Harvey v. Hassinger, 315 Pa.Super. 97, 461 A.2d 814, 817 (1983). A survival action is brought by the personal representative of the decedent, and is an action which the decedent himself could bring had he survived and, in effect, is brought on behalf of the decedent. See In re Pozzuolo’s Estate, 433 Pa. 185, 249 A.2d 540, 544 (1969). In order to succeed on his claims of wrongful death and survival action on behalf of Keith Ketchmore and Markeith Ketchmore, respectively, Donlan must establish that the defendants were negligent with respect to the care of Markeith Ketchmore. See Estate of Zimmerman v. S.E.P.T.A., 168 F.3d 680, 684 (3d Cir. 1999); Carroll v. Colon, 608 F.Supp. 1277, 1279 (E.D.Pa.1985) (<HOLDING>). Thus, in consideration of the facts pleaded, 
 Holding statements: (A) holding act 111 valid under pennsylvania constitution (B) holding that pennsylvania law applied as the parties did not argue choice of law issue and implied that pennsylvania law applied by focusing their arguments on same (C) holding that when majority of class lived in new jersey maryland pennsylvania and virginia the eastern district of pennsylvania was a desirable forum (D) holding that an amended complaint alleging injuries to the driver caused by an auto accident which were allegedly the result of defendants negligence and that pennsylvania survival act was the basis for the cause of action stated a valid survival claim under pennsylvania law (E) holding that we are required to predict the position which the pennsylvania supreme court would take in resolving this dispute  and in the absence of a clear statement by the pennsylvania supreme court to the contrary or other persuasive evidence of a change in pennsylvania law we are bound by the holdings of previous panels of this court
Output (English): holding that pennsylvania law applied as the parties did not argue choice of law issue and implied that pennsylvania law applied by focusing their arguments on same