Ely Goldin, Law Offices of Ely Goldin, Jenkintown, PA, for plaintiff. James T. Moughan, Karyn S. Dobroskey, Britt, Hankins & Moughan, Philadelphia, PA, for defendant. MEMORANDUM STENGEL, District Judge. This is a diversity action involving a motor vehicle accident which occurred on December 11, 2002. On December 10, 2004, Mr. Darmanchev, a citizen of the state of Georgia, brought this Complaint against Mr. Roytshteyn, who before his unrelated death, was a resident of the Commonwealth of Pennsylvania