Friday, February 2, 2024

Philadelphia County Court Finds Venue Lacking in Case Where Accident Occurred in New Jersey

In the case of Davis v. Arbor Material Handling, Inc., No. 230402106 (C.P. Phila. Co. Aug. 30, 2023 Anders, J.), the trial court granted a Defendant’s Preliminary Objections with regards to venue in a negligence case in which the Plaintiff alleged that a defective forklift resulted in injury to the Plaintiff.

In granting the Preliminary Objections, the trial court noted that, despite being afforded the opportunity to conduct discovery on the issue of venue, the Plaintiff did not do so. The court ultimately noted that the Plaintiff failed to meet the burden of demonstrating that Philadelphia County was a proper venue.

In contrast, the Defendant at issue presented evidence to show that Philadelphia County was an improper venue.

More specifically, the record before the court indicated that the Defendants’ registered offices were not located in Philadelphia County. In addition, the Defendants did not regularly conduct business in Philadelphia County. Moreover, the cause of action itself arose in New Jersey.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Jan. 11, 2024).

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