Barnabei v. Schell
33 Pa. D. & C.5th 449
| Pennsylvania Court of Common P... | 2013Background
- Plaintiff Robert Barnabei sued Joseph Schell (and Frederick Schell) for negligence and sought compensatory and punitive damages after a May 6, 2011 single-car accident in Delaware County in which Barnabei was a passenger.
- Defendant Schell allegedly became intoxicated after tailgating at a Phillies game in Philadelphia, then drove and lost control of the vehicle in Delaware County; police attributed the crash to driving too fast and DUI.
- Defendant filed preliminary objections contesting venue in Philadelphia County, arguing he was not served there and the cause of action did not arise there; he was served in Delaware County.
- The trial court sustained defendant’s venue objection and transferred the case to Delaware County; plaintiff appealed that venue ruling.
- Central legal question: whether Philadelphia is a proper venue under Pa. R.C.P. 1006(a) because part of the defendant’s alleged negligent conduct (becoming intoxicated) occurred in Philadelphia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue is proper in Philadelphia under Pa. R.C.P. 1006(a) because part of the defendant’s negligent acts occurred there | Barnabei: venue proper because an "occurrence" (defendant drinking and becoming intoxicated) began in Philadelphia, so part of the occurrence took place there | Schell: venue improper; cause of action arose in Delaware County and he was served there; a "part of an occurrence" in another county is insufficient | Court held venue in Philadelphia was improper; transfer to Delaware County affirmed because the negligence-causing event occurred in Delaware County and "part of an occurrence" is insufficient to establish venue |
Key Cases Cited
- Craig v. W.J. Thiele & Sons, Inc., 149 A.2d 35 (Pa. 1959) (holding that venue requires a transaction or occurrence to have taken place in the county, not merely a part of it)
- Kring v. Univ. of Pittsburgh, 829 A.2d 673 (Pa. Super. 2003) (applies Craig’s rule to venue questions and reinforces that allowing venue based on any part of a transaction would encourage forum shopping)
- Sunderland v. R.A. Barlow Homebuilders, 791 A.2d 384 (Pa. Super. 2002) (venue standard and review principles cited)
- Scampone v. Highland Park Care Ctr., LLC, 57 A.3d 582 (Pa. 2012) (cited for negligence elements and causation principles)
- Unglo v. Zubik, 29 A.3d 810 (Pa. 2011) (cited regarding negligence analysis and precedential application)