Friday, October 29, 2021

Court Addresses Proper Venue for a Corporate Defendant


In the case of Schultz v. Plough, No. 10524 (C.P. Lawr. Co. Aug. 5, 2021 Cox, J.), in addressing Preliminary Objections raising the issue of proper venue for the action, the court found that the Plaintiff alleged sufficient facts to show that a corporate Defendant regularly conducted business in Lawrence County as per Pa. R.C.P. 2179(a).

This matter arose out of a multi-vehicle accident that also involved damages to utility poles and personal injuries to people involved in the accident.

The Defendants argued that none of the parties resided or maintained a principle place of business within Lawrence County. The Defendant also asserted that the events associated with the claims raised by the Plaintiff occurred in a different county, that being Crawford County.

After reviewing the record before it, the court noted that the Defendant maintained communication liens, utility poles, and other hardware within Lawrence County.

The Plaintiff had also argued that the Defendant was the sole communications provider for parts of Lawrence County and also advertised in Lawrence County.

The court noted that, under Pa. R.C.P. 2179(a), allowed an action against the corporate Defendant to be pled in a county where the corporate Defendant regularly conducted business. The court reviewed the record and found that the corporation performed acts of sufficient quality and quantity to establish venue within Lawrence County.

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


Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 5, 2021).

Source of image:  Photo by Caleb Ruiter on Unsplash.com.

No comments:

Post a Comment