J-A20019-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37 JUAN MARTINEZ : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : ELSNER ENGINEERING WORKS, INC. : No. 2246 EDA 2023 D/B/A PACO WINDERS : MANUFACTURING, OX INDUSTRIES, : INC., PACO LIQUIDATION COMPANY, : LLC, PACO WINDERS MFG, INC., : ESE, INC., DOE 1-6 : Appeal from the Order Entered August 1, 2023 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): 230102505

BEFORE: LAZARUS, P.J., PANELLA, P.J.E., and DUBOW, J.

JUDGMENT ORDER BY PANELLA, P.J.E.: FILED SEPTEMBER 19, 2024 Appellant, Juan Martinez, appeals from the Order entered by the Court of Common Pleas of Philadelphia County on July 20, 2023, which sustained preliminary objections as to venue and transferred this case to York County.

Due to our disposition of this matter, we provide only a brief summary of the factual and procedural background. Martinez commenced this action in the Court of Common Pleas of Philadelphia County on January 25, 2023, by the filing of a Complaint. The Complaint includes causes of action for negligence, strict liability, and breach of warranty. Martinez asserts that on December 2, 2021, he was operating a semi-automatic cardboard recutting machine that contained unguarded rotating parts which severely injured his J-A20019-24

hand and forearm. This occurred in Adams County, Pennsylvania. In the Complaint, Martinez alleges that the machine in issue was designed, manufactured and sold in Philadelphia County. Martinez further asserts that Paco Winders Mfg., Inc., the manufacturer, no longer exists but that the remaining defendants are successors-in-interest to Paco Winders.

On February 23, 2023, Appellee, Elsner Engineering Works, Inc., filed preliminary objections to the Complaint, asserting that venue was not proper in Philadelphia County. On July 20, 2023, the Court of Common Pleas of Philadelphia sustained the preliminary objections as to venue only and transferred the case to York County. Martinez filed the instant appeal thereafter.

On February 15, 2024, the Honorable Daniel J. Anders filed an Opinion pursuant to Pa.R.A.P. 1925(a), in which he stated that proper venue is in Philadelphia County, thereby concluding that the Order of July 20, 2023 should be reversed.

The trial court considered the issue of venue and it appropriately addressed the request to change venue. We have reviewed the certified record the parties’ briefs and their respective arguments, the relevant law, and the well-written opinion of Judge Anders. We have determined that the trial court’s opinion comprehensively addresses the issue of venue on appeal, with appropriate references to the record, and without legal error. Therefore, we reverse on the basis of this Opinion. See Trial Court Opinion, 2/15/24.

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Order Reversed. Jurisdiction relinquished.

Date: 9/19/2024

-3- Circulated 08/29/2024 03:10 PM

COPIES SENT PURSUANT TO Pa.R.C.P. 236(b) D. KELLY 02/15/2024