Gardner, F. v. Consolidated Rail Corporation
100 A.3d 280
| Pa. Super. Ct. | 2014Background
- Plaintiffs Frank E. Gardner and Thomas C. Costea sued Consolidated Rail Corp. and Norfolk Southern under the Federal Employers’ Liability Act for workplace injuries.
- Defendants filed a forum non conveniens motion to transfer venue to Blair County, asserting plaintiffs lived and worked there.
- Trial court granted the transfer in an order dated February 19, 2013 (entered February 20, 2013); prothonotary gave notice that day.
- Plaintiffs filed a motion for reconsideration on February 21, 2013 but did not file a direct appeal within 30 days.
- On April 10, 2013 (more than 30 days after the transfer order), the trial court granted reconsideration and vacated its February order.
- Superior Court held the April 10 order invalid because the trial court lacked jurisdiction after the 30-day window; it vacated the April 10 order and remanded for transfer to Blair County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could grant reconsideration more than 30 days after entering the transfer order | Plaintiffs argued the February transfer order was interlocutory (did not end the lawsuit), and reconsideration could be considered | Defendants argued the transfer order was final and appealable; the 30-day period to modify under 42 Pa.C.S. §5505 lapsed, divesting the trial court of jurisdiction | Court held the transfer order was a final, appealable order; because more than 30 days passed without an appeal or an express within-30-days grant of reconsideration, the trial court lacked jurisdiction to vacate the order |
| Whether the April 10, 2013 vacatur violated §5505 and related precedent | Plaintiffs relied on case law from another jurisdiction and posited continued trial-court power to revisit venue | Defendants invoked Pennsylvania precedent that a motion for reconsideration does not toll the 30-day appeal period unless reconsideration is expressly granted within 30 days (Valley Forge principle) | Court held §5505 and Pennsylvania precedents control; mere filing of reconsideration does not toll the appeal period and the court lost power to act after 30 days, so the April 10 order was invalid |
Key Cases Cited
- Bratic v. Rubendall, 43 A.3d 497 (Pa. Super. 2012) (order transferring venue on forum non conveniens is immediately appealable)
- Valley Forge Center Associates v. Rib-It/K.P., Inc., 693 A.2d 242 (Pa. Super. 1997) (filing a motion for reconsideration does not toll the 30-day appeal period unless reconsideration is expressly granted within 30 days)
- In re Estate of Karschner, 919 A.2d 252 (Pa. Super. 2007) (failure to appeal from a final order renders res judicata applicable)
- PNC Bank, N.A. v. Unknown Heirs, 929 A.2d 219 (Pa. Super. 2007) (trial court loses power to act on a petition for reconsideration if it does not grant reconsideration within 30 days)