Wallace, S. v. Community Education Centers
Wallace, S. v. Community Education Centers No. 2352 EDA 2016
| Pa. Super. Ct. | Jul 10, 2017Background
- Decedent Janene Wallace, an inmate at George Hill Correctional Facility (operated by Community Education Centers, Inc. "CEC"), hung herself in her cell after expressing suicidal intent; autopsy showed multiple bruises.
- Susanne Wallace (administratrix) filed a praecipe for writ of summons in Delaware County on Oct. 23, 2015 and served limited pre-complaint discovery; she never filed a complaint there.
- Discovery responses from CEC identified correctional officer Chamara Prince and revealed claims sounded in negligence (not medical professional liability).
- On Feb. 1, 2016 Wallace filed a complaint in Philadelphia County naming CEC and Officer Prince; on Feb. 9, 2016 she filed a praecipe discontinuing the Delaware County action under Pa.R.C.P. 229.
- CEC moved to strike the discontinuance, arguing Wallace was forum shopping; the trial court denied the motion after weighing the equities and finding no undue prejudice to CEC.
- CEC appealed; the Superior Court affirmed, holding the trial court did not abuse its discretion in refusing to strike the discontinuance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discontinuance should be struck where plaintiff re-filed in another county | Wallace: discontinuance was proper because discovery showed a new defendant and a different legal theory, and venue in Philadelphia was appropriate | CEC: discontinuance was sole purpose forum shopping; Brown forbids discontinuing to pursue the same cause in another forum | Court held: trial court did not abuse discretion; record shows legitimate reasons for discontinuance, not mere forum shopping |
| Whether Brown compels striking discontinuance without weighing equities | Wallace: trial court properly weighed facts and equities under Pa.R.C.P. 229(c) | CEC: Brown requires striking when discontinuance is to pursue the same cause elsewhere | Court held: Brown applies where sole purpose is forum shopping; here facts show other reasons, so weighing equities was appropriate |
| Whether plaintiff’s procedural choices prejudiced defendant | Wallace: no undue inconvenience, vexation, harassment, expense, or prejudice resulted | CEC: litigation and discovery in Delaware County created prejudice and wasted effort | Court held: trial court reasonably found no unreasonable prejudice to CEC |
| Standard of review for striking discontinuance | Wallace: trial court exercised discretion properly | CEC: trial court misapplied precedent and thus abused discretion | Court held: abuse-of-discretion standard not met; trial court did not misapply law |
Key Cases Cited
- Brown v. T.W. Phillips Gas & Oil Co., 74 A.2d 105 (Pa. 1950) (discontinuance to pursue same cause in another forum is improper when the sole motive is forum shopping)
- Pohl v. NGK Metals Corp., 936 A.2d 43 (Pa. Super. 2007) (discontinuances may be struck to prevent forum shopping; courts must weigh facts and equities)
- Foti v. Askinas, 639 A.2d 807 (Pa. Super. 1994) (striking discontinuance appropriate where plaintiff litigated extensively and reopening would subject defendant to repeated litigation)
- Nichols v. Horn, 525 A.2d 1242 (Pa. Super. 1987) (discontinuance may be improper where a dispositive motion favoring defendant is pending)
- Marra v. Smithkline Beecham Corp., 789 A.2d 704 (Pa. Super. 2001) (appellate review of discontinuance rulings applies abuse-of-discretion standard)