Schultz v. MMI Products, Inc.
30 A.3d 1224
| Pa. Super. Ct. | 2011Background
- Appellants Schultz alleged injury in Lehigh County on January 16, 2008 at a construction site insured by multiple corporate Defendants.
- Schultzes, residents of Schuylkill County, filed suit in Philadelphia County; actions later consolidated and amended on July 28, 2010.
- Modern Precast and A.L. Patterson moved to transfer venue, attaching an affidavit showing Philadelphia minimal regular business activity and no Philadelphia property.
- Trial court granted preliminary objections and transferred venue to Lehigh County on November 1, 2010.
- Appellants challenged the transfer, arguing Philadelphia had jurisdiction and venue, and raising discovery/burden concepts on appeal.
- Court held venue was properly transferred to Lehigh County based on uncontested evidence and lack of Philadelphia nexus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transfer to Lehigh County was proper. | Schultz asserts Philadelphia may be proper due to jurisdiction over some defendants. | Modern Precast and Patterson contended no regular Philadelphia conduct justifying venue. | Transfer affirmed; no abuse of discretion; Philadelphia nexus not shown by record. |
| Whether the trial court erred by imposing burden or denying discovery on venue. | Appellants claim trial court should allow discovery to inform venue. | Defendants argue no discovery needed; unrefuted evidence supports transfer. | No abuse of discretion; discovery not required; unrefuted evidence adequate. |
Key Cases Cited
- Purcell v. Bryn Mawr Hosp., 525 Pa. 237 (1990) (right to change of venue; three bases for challenge)
- Zappala v. Brandolini Prop. Mgmt., Inc., 589 Pa. 516 (2006) (forum choice considerations; abuse of discretion standard)
- Panzano v. Lower Bucks Hosp., 395 Pa. Super. 480 (1990) (waiver of improper venue does not prove proper venue for all defendants)
- McLain v. Arneytown Trucking Co., Inc., 370 Pa. Super. 520 (1988) (one defendant's waiver does not bind others regarding venue)
- Krosnowski v. Ward, 836 A.2d 143 (Pa. Super. 2003) (abuse of discretion standard for transfer venue)