Tuesday, October 12, 2021

Superior Court Upholds Transfer of Venue Under Doctrine of Forum Non Conveniens

Headed Back to Reading

In the case of Doe v. Bright Horizons Children’s Center, LLC, No. 1733 EDA 2020 (Pa. Super. Sept 10, 2021 Bowes, J. and Musmanno, J.) (Op. by Bowes, J.), the Pennsylvania Superior Court affirmed a trial court’s granting of a request to transfer a case under the doctrine of forum non conveniens.

The Plaintiffs had filed suit in Philadelphia County on claims that their child had allegedly been abused at a daycare center located in Reading, Berks County, Pennsylvania.  

After reviewing the record before the court, the appellate court agreed that all relevant actions took place in Berks County over a two (2) year period. The court additionally noted that none of the parties or witnesses were located in Philadelphia where the case was filed.

The court otherwise noted that, given the logistical issues that a Philadelphia trial would entail, the trial court did not abuse its discretion in transferring venue.

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

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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