23 Pa. D. & C.5th 407
Pennsylvania Court of Common P...2011Background
- Plaintiffs Dennis and Diana McGuigan slip and fall on premises allegedly leased by Brookside Manor and CDC Catering, Inc.
- Defendants are a Bucks County-based business; accident occurred in Bucks County, not Philadelphia.
- Plaintiffs, Philadelphia residents, sue in Philadelphia County; defendants move to transfer venue to Bucks County and move to dismiss alleged gross negligence and recklessness.
- Court granted the transfer to Bucks County and dismissed all allegations of gross negligence/recklessness on November 15, 2010.
- Plaintiffs appeal; issues address venue transfer and the dismissals of gross negligence/recklessness as non-final, non-appealable orders.
- Defendants presented evidence that they neither conduct business in Philadelphia nor have property there; plaintiffs alleged incidental Philadelphia contacts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is venue properly transferred to Bucks County? | Plaintiff McGuigan argues defendants regularly conduct business in Philadelphia. | Defendants contend venue lies in Bucks County; Philadelphia contacts are incidental and not regular business conduct. | Yes; venue properly transferred to Bucks County. |
| Is the dismissal of gross negligence/recklessness reviewable on appeal as to a non-final order? | Plaintiffs contend the order dismissing recklessness is reviewable as part of punitive damages theory. | Defendants argue the order is non-final and not appealable under Pa.R.A.P. 311/312/313, and punitive damages review is inappropriate at this stage. | No; the punitive-damages-related dismissal is interlocutory and not subject to immediate review; transfer issue is the only reviewable matter. |
Key Cases Cited
- Purcell v. Bryn Mawr Hospital, 525 Pa. 237, 579 A.2d 1282 (1990) (defines venue standards for regular conduct of business; quality and quantity tests)
- Battueillo v. Camelback Ski Corp., 598 A.2d 1027 (Pa. Super. 1991) (illustrates insufficient quality/quantity of Philadelphia contacts for venue)
- Masel v. Glassman, 689 A.2d 314 (Pa. Super. 1997) (ads, vendor contracts, and Philadelphia revenues insufficient; mere solicitation not venue)
- Purcell v. Bryn Mawr Hospital (see above), 525 Pa. 237, 579 A.2d 1282 (1990) (see Purcell for refined test of corporate venue contacts)
- Monaco v. Montgomery Cab Co., 417 Pa. 135, 208 A.2d 252 (1965) (abstains from improper appellate standard; general guidance on discretionary venue decisions)
- McCrory v. Abraham, 657 A.2d 499 (Pa. Super. 1995) (appellant bears burden to show misapplication or unreasonableness in trial court rulings)