Tuesday, July 17, 2012

A Primer on Proper Venue

In his recent June 20, 2012 Opinion in the case of Rogers v. Thomas, No. 12-Civil-1464 (C.P. Lacka. Co. June 20, 2012 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas reviewed the law of proper venue and provided a detailed analysis of nearly every issue parties may wish to consider when determining the proper venue for a particular personal injury litigation matter.

By way of background, this personal injury matter arose out of a shooting that occurred in the more conservative (for litigation purposes) Susquehanna County. Various issues were raised as to whether or not the various named Defendants resided in, or conducted business in, Lackawanna County.

When the Plaintiff filed this lawsuit in Lackawanna County, the Defendants filed Preliminary Objections raising, in part, the venue issue.

After a detailed analysis of the venue law found under Pa. R.C.P. 1006 and 2179, the shifting burdens of proof on the various issues presented, and the quality vs. quantity test for proper venue of corporate defendants, Judge Nealon granted the plaintiff additional time to conduct discovery to flesh out the issue of proper venue.

If you are faced with a venue questions, this is a great Opinion to secure a general overview of how the issue should be handled. Anyone desiring a copy of this Rogers v. Thomas Opinion by Judge Nealon may click this LINK.

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