Wednesday, March 27, 2024

Case Transferred Under Doctrine of Forum Non Conveniens

In the case of Leone v. Gusick, No. 2023-CV-37 (C.P. Lacka. Co. March 1, 2024 Nealon, J.). The court granted certain defendants motion to transfer a case under the doctrine known as forum non conveniens in a medical malpractice action that was filed in Lackawanna County and which was transferred to Lycoming County by virtue of this decision.

According to the Opinion, the Lycoming County plaintiffs in this case filed this medical malpractice action against Lycoming County and Centre County doctors and their Lycoming County and Montour County employers based upon medical treatment that was provided primarily in Lycoming County and Clinton County, and to a lesser extent in Montour County.

Judge Terrence R. Nealon
Lackawanna County

Judge Nealon ruled that the credible testimony presented during an evidentiary hearing established that the trial of this case in Lackawanna County, which is more than one hundred miles from the sites of the relevant medical treatment and related evidence, would be unduly burdensome for key defense witnesses, and would impose significant hardships on their professional and family responsibilities.

The court additionally found that having the case litigated in Lycoming County would provide easier access as to material witnesses possessing relevant information regarding the medical treatment at issue and the alleged injuries.

As such, based upon the totality of the relevant circumstances, the court found that Lackawanna County was indeed an oppressive forum for the continued litigation of this malpractice action.  

Accordingly, the request submitted by certain defendants to transfer the venue of this case to the Court of Common Pleas of Lycoming County was granted.

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

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