Tuesday, April 4, 2023

Venue of Products Liability Case Transferred From Eastern District to Middle District

In the case of Twigg v. Varsity Brands Holding Co., Inc., No. 21-CV-00768 (E.D. Pa. Jan. 12, 2023 Goldberg, J.), the court granted a Defendant’s Motion to Transfer Plaintiff’s products liability action from the Eastern Federal District Court of Pennsylvania and out of the Middle Federal District Court of Pennsylvania.

According to the Opinion, the Plaintiff was a teacher and coach who was throwing indoor batting practice from behind an L-screen that was covered with safety netting. A hit ball ripped through the safety netting, hitting the Plaintiff in the eye and causing permanent damages.

The Plaintiff brought strict liability claims against the Defendant and filed a suit in the Eastern District Court of Pennsylvania. The Plaintiff’s main argument for filing in that county was that a majority of the Plaintiff’s treating doctors and nurses were allegedly located within that district.

After reviewing the record before it, the Eastern District Judge Goldberg ruled that the Defendants had demonstrated that the case could have been brought in the Middle District of Pennsylvania and that the balancing of the factors required under 28 U.S.C. §1404(a) and the Jumara case weighed in favor of the transfer of the case from the Eastern District to the Middle District.

The court found that venue was proper in the Middle District because the injury occurred in a county located within that district. The court otherwise found that the convenience of the party’s factor was neutral and that more witnesses were actually located in the Middle District.

The court also noted that the allegedly defective product was sold to a public school in the Middle District for use by its students and employees and that the case was, therefore, fairly characterized as a localized controversy within the Middle District Federal Court jurisdiction of Pennsylvania. As such, the Defendant’s Motion to Transfer was granted.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Feb. 28, 2023).

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.