Opinion Addressing the Quantity Part of the Quantity/Quality Test for Proper Venue Against a Business Entity

In the case of Dildine v. Western Alliance Emergency Services, No. 2016-CV-2335 (C.P. Lacka. Co. April 19, 2017 Nealon, J.), the court addressed the "quantity" part of the quantity/quality test for determining whether a corporation regularly conducted business in a particular county for proper venue purposes.

In this case a Bradford County resident filed suit in Lackawanna County against a Bradford County ambulance driver and his Bradford County employer for injuries allegedly arising out of a Bradford County motor vehicle accident.

The Defendants file Preliminary Objections challenging venue.  In response, the Plaintiffs asserted that the Defendant employer regularly conducted business in Lackawanna County such that venue would be proper against all Defendants under the venue rules found at Pa.R.C.P. 1006 and 2179.

Judge Nealon cited to the precedent holding that, to support a finding that a business regularly conducted business in a particular county for venue purposes, the quantity of that entity's activities in the desired county must be "so continuous and sufficient to be general or habitual."

Applying the venue rules to the case before him, Judge Nealon found that the Defendant employer's activities in Lackawanna County were not sufficient to support the filing of the lawsuit in Lackawanna County.

As such, the Defendant's Preliminary Objections were sustained and the case was transferred to Bradford County with the costs of the transfer ordered to be borne by the Plaintiff.

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