24 Pa. D. & C.5th 179
Pennsylvania Court of Common P...2011Background
- Plaintiffs Orsulak allege injuries from a 2009 motor vehicle collision in Monroe County (Windish insured by AAA).
- Writ of summons filed in Monroe County on Jan 4, 2011; no complaint filed; Penn National offered settlement options and ultimately tendered a separate draft.
- Luzerne County action filed Sept 10, 2010 alleging UIM and bad-faith claims against Penn National; Penn National answered Oct 13, 2010.
- Rule 213.1(c) sets six factors for coordination; convenience of counsel is one factor among them.
- Court held Luzerne County has minimal connection to Monroe matter and ordered coordination with transfer to Monroe County for efficient, unified adjudication.
- Order entered Apr 12, 2011 granting coordination and transferring the Luzerne case to Monroe County; Penn National to pay coordination costs; notice to Windish.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether coordination under Rule 213.1 is appropriate | Orsulak argues common questions and efficiency favor coordination | Penn National contends coordination with Monroe is proper to avoid duplicative litigation | Coordination granted; Monroe County venue transferred |
Key Cases Cited
- Daly-Sand v. West America Insurance, 564 A.2d 965 (Pa. Super. 1989) (subrogation and settlement procedures contemplated in coordination)
- Washington v. Fed Ex Ground Package System, 995 A.2d 1271 (Pa. Super. 2010) (coordination aims to avoid multiple trials and promote economy)
- Wohlsen/Crow v. Pettinato Associated Contractors and Eng’rs., 666 A.2d 701 (Pa. Super. 1995) (discretion to transfer under Rule 213.1 supported by record)
- Geiger v. Rouse, 715 A.2d 454 (Pa. Super. 1998) (ultimate question is whether coordination is fair and efficient)
- Lincoin General Insurance Co. v. Donahue, 616 A.2d 1076 (Pa. Cmwlth. 1992) (Rule 213.1 governs cross-county coordination, not intra-county consolidation)
- Fox v. Pennsylvania Power and Light Co., 461 A.2d 805 (Pa. Super. 1983) (coordination decisions lie within trial court's discretion)
- Trumbauer v. Godshall, 686 A.2d 1335 (Pa. Super. 1996) (appellate review of coordination decisions focuses on abuse of discretion)