Tuesday, October 11, 2022

Superior Court Affirms Application of Doctrine of Forum Non Conveniens (Non-Precedential)

In the case of Kendall v. Ford Motor Co., No. 2274 EDA 2021(Pa. Super. Aug. 31, 2022 McLaughlin, J., Bowes, J., and Stabile, J.) (Op. by McLaughlin, J.)(Non-Precedential), the court affirmed a lower court's transfer of venue based upon the doctrine of forum non conveniens.

The court ruled that the lower court had properly transferred this motor vehicle accident case from Philadelphia County to Bucks County.

It was noted that neither party resided in Philadelphia. None of the witnesses were located in Philadelphia. Additionally, the defense had provided Affidavits establishing witness hardships, as well as threats to the  compromised health of the individual Defendants if the case was kept in Philadelphia.

The court additionally noted that, while the travel time between the two (2) counties alone may be viewed as merely inconvenient to the Defendants, venue in Bucks County would make it easier for the parties to access both lay and professional witnesses as well as the site of the accident.

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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