Onufer, E. v. Lehigh Valley Hospital
Onufer, E. v. Lehigh Valley Hospital No. 2408 EDA 2016
| Pa. Super. Ct. | May 4, 2017Background
- Plaintiff Edward Onufer sued multiple defendants for negligence after a January 2014 slip-and-fall at Lehigh Valley Health Network—Cedar Crest, filing in Philadelphia County on January 18, 2016.
- Lehigh Valley Hospital entities initially objected to venue in Philadelphia; objection was overruled after Crothall Healthcare admitted it regularly does business in Philadelphia.
- The Lehigh Valley defendants later filed a joinder naming Lehigh County as an additional defendant.
- Lehigh County filed preliminary objections asserting improper venue (county must be where a political subdivision is located), governmental immunity under the Political Subdivision Tort Claims Act (PSTCA), lack of capacity due to defective notice, and statute-of-limitations defense.
- The trial court ultimately transferred the matter to Lehigh County for resolution of Lehigh County’s preliminary objections, after exercising its authority to vacate a prior order dismissing the joinder and transferring venue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff’s choice of venue in Philadelphia must be respected after joinder of Lehigh County | Onufer: plaintiff’s choice of forum is entitled to great weight and should not be disturbed | Lehigh defendants: joinder of a political subdivision requires venue in the county where that subdivision is located | Court: Transfer proper—joinder of political subdivision mandates venue in that subdivision’s county |
| Whether the court improperly rescinded its earlier order dismissing Lehigh County and transferring venue | Onufer: earlier order made venue in Philadelphia proper and dismissal of county eliminated its venue objection | Lehigh County: court may modify/rescind orders within 30 days; venue objections by a political subdivision govern | Court: Vacatur under 42 Pa.C.S. § 5505 was proper; no abuse of discretion |
| Whether the joinder complaint should have been dismissed on the face due to PSTCA immunity | Onufer: immunity clear on face of joinder so county properly dismissed | Lehigh County: its immunity defenses properly preserved for the county court to decide | Court: Plaintiff waived this appeal point; Lehigh County’s immunity defenses to be decided by Lehigh County court |
| Whether remaining preliminary objections should be decided by Philadelphia or Lehigh County | Onufer: Philadelphia should decide because plaintiff’s forum choice controls | Lehigh County: local county court must decide issues relating to the political subdivision | Court: Remaining preliminary objections go to Lehigh County court after transfer |
Key Cases Cited
- Zappala v. Brandolini Prop. Mgmt., 909 A.2d 1272 (Pa. 2006) (plaintiff’s forum choice is given substantial weight)
- Fritz v. Glen Mills Schools, 840 A.2d 1021 (Pa. Super. 2003) (trial court’s transfer-of-venue reviewed for abuse of discretion)
- Zampana-Barry v. Donaghue, 921 A.2d 500 (Pa. Super. 2007) (party seeking venue change bears burden to prove necessity)
- Ward v. Lower Southampton Twp., 614 A.2d 235 (Pa. 1992) (action against a political subdivision must be brought in the county where it is located)
- Ribinicky v. Yerex, 701 A.2d 1348 (Pa. 1997) (joinder of political subdivision requires venue in subdivision’s county even if venue was previously proper elsewhere)
- Verholek v. Verholek, 741 A.2d 792 (Pa. Super. 1999) (trial court may modify or rescind orders within its discretion)