Tuesday, March 26, 2019

Case Transferred Out of Philadelphia Under Doctrine of Forum Non Conveniens

In the case of Powers v. Verizon Pennsylvania, LLC., August Term, 2017, No. 1977 (C.P. Phila. Co. Dec. 24, 2018 Robins New, J.), the court issued a Rule 1925 Opinion in which it opined that it had properly granted the Petition of the Defendant to Transfer Venue based upon the doctrine of forum non conveniens under Pa.R.C.P. 1006(d)(1).  

Although this matter was filed in Philadelphia County, it arose out of a trip and fall event that had occurred in Bucks County, Pennsylvania.

After reviewing current appellate precedent on the issue presented, the court found that the Petition to Transfer should be granted.  The court more specifically found that the Defendant had sustained its burden of demonstrating that the Plaintiff’s chosen forum in Philadelphia Country was oppressive, because the accident occurred in a neighboring county, none of the parties lived in the original forum, and given that all of the fact witnesses lived in other counties. 

Anyone wishing to review a copy of this decision may click this LINK.

Source:  “Digest of Recent Opinions.”  Pennsylvania Law Weekly (Feb. 26, 2019).  

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