Fox v. Pennsylvania Power & Light Co.
Fox v. Pennsylvania Power & Light Co.
Opinion of the Court
Jeffrey Allen Fox, age 14, climbed a tower on a right of way of Consolidated Rail Corporation in Wilkes-Barre, Lu-
An order changing venue, although interlocutory, is appealable. Pa.R.A.P. 311(c) provides: “An appeal may be taken as of right from an order in a civil action or proceeding changing venue, transferring the matter to another court of coordinate jurisdiction, or declining to proceed in the matter on the basis of forum non conveniens or analogous principles.” The order transferring venue, therefore, is properly before this Court for review.
A court is authorized by Pa.R.C.P. 1006(d) to transfer an action to the appropriate court of any other county where the original action could have been brought if it will serve the convenience of parties and witnesses. This rule vests considerable discretion in the trial judge to determine whether to grant a petition for a change of venue. On appeal from such an order, the only issue is whether the trial judge abused his discretion. Plum v. Tampax, Inc., 399 Pa. 553, 560, 160 A.2d 549, 553 (1960); Hamay v. County of Washington, 291 Pa.Super. 137, 141, 435 A.2d 606, 608 (1981); Daugherty v. Inland Tugs Company, 240 Pa.Super. 527, 531, 359 A.2d 465, 467 (1976); Tarasi v. Settino, 223 Pa.Super. 158, 161-162, 298 A.2d 903, 905 (1972).
In determining whether or not to transfer venue, a court should look to the interests of the litigants. “Important considerations ... are the relative ease of access to the
In the instant case there were weighty reasons for transferring the death action to Luzerne County. The accident happened in Luzerne County, where the decedent had resided with his parents. Letters of administration had been issued by the Orphan’s Court Division of the Luzerne County Court of Common Pleas to the decedent’s father, also a resident of Luzerne County. All fact witnesses were residents of Luzerne County, and it was the Wilkes-Barre police who had conducted an investigation into the circumstances surrounding the accident. Similarly, it was in Luzerne County that emergency medical care had been administered before the decedent was rushed to the Wilkes-Barre Hospital. If the accident site is to be viewed by a trial jury, this can only be done in Luzerne County. The defendant,
Under these circumstances, it seems clear that the trial court did not abuse its discretion by transferring the action to Luzerne County. It may also be, as the trial court has suggested, that the inventory of cases in Luzerne County is such that a transfer from Philadelphia County will enable the case to be assigned an earlier trial date.
The order is affirmed.
Concurring Opinion
concurring:
I concur in the result of the quite thoughtful opinion of the majority but have certain further thoughts.
Translation must here precede analysis. The Latin phrase, forum non conveniens, is, of course, too familiar to be any task. And while interpretation of the assertions of counsel may perplex the Berlitz School, the translation becomes routine for those who, in the words of Professor Harold Hill, “know the territory”.
Counsel for the parties provide the following assertions: The appellee, Pennsylvania Power & Light Company, seeks to transfer the suit to Luzerne County “for the convenience of the parties and the witnesses.”
The appellant-plaintiff urges the view that “Philadelphia County is as convenient a forum for the actual trial of this case as any other county.”
The actual propositions, when translated, are:
The appellee, Pennsylvania Power & Light Company, seeks the transfer since the verdict amounts in Luzerne*84 County are not nearly as substantial as in Philadelphia County.
The appellant-plaintiff opposes the transfer because the settlement value and the verdict exposure is far greater in Philadelphia than in Luzerne.
While I am inclined to the view that once venue has been established, the case should not be transferred unless extreme inconvenience is demonstrated, Pa.R.C.P. 1006(d) refers simply to “the convenience of the parties and witnesses” as the standard by which the trial judge shall rule upon an application for transfer. And while our study of the facts leads to the conclusion that there was certainly a substantial basis for the denial of the petition for transfer, the scope of appellate review is limited to a determination of whether the hearing court abused its discretion. We are unable to so conclude since the record reflects a sufficient basis for the decision of the court to grant the petition for transfer. As a result, I concur in the result of the majority opinion.
Reference
- Full Case Name
- David W. FOX, Administrator of the Estate of Jeffrey Allen Fox, Deceased, Appellant, v. PENNSYLVANIA POWER & LIGHT COMPANY and Consolidated Rail Corporation
- Cited By
- 32 cases
- Status
- Published