Friday, June 30, 2023

Petition To Transfer Based on Doctrine of Forum Non Conveniens Granted

In the case of Mitchell v. Gentry, No. 22-CV-2951 (C.P. Lacka. Co. March 3, 2023 Nealon, J.), the court granted a Petition to Transfer Venue filed by the Defendants in a motor vehicle accident.

According to the Opinion, the Plaintiff was a Lycoming County resident who was injured in a Lycoming County accident.  The records also revealed to the court that all of the Plaintiff’s medical treatment occurred in Lycoming County.

The Defendant driver was a New York motorist and his employer was a company incorporated in the State of New York and which maintained its principal place of business in New York.

The New York Defendants filed a Preliminary Objection asserting improper venue in Lackawanna County since the Defendant motorist could not be served in Lackawanna County, given that the Defendant driver’s employer did not regularly conduct business in Lackawanna County, and given that the cause of the action arose in Lycoming County.

In the alternative, the Defendants filed a Petition to Transfer Venue to Lycoming County under Pa. R.C.P. 1006(d)(1) on the grounds that the litigation and trial of this matter in Lackawanna County would be oppressive to the parties and witnesses.

Based upon the totality of the circumstances, the court found that Lackawanna County was an oppressive forum and, as such, the court granted the Defendant’s Petition to Transfer the case to Lycoming County.

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

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