215 A.3d 982
Pa. Super. Ct.2019Background
- Samuel Wright, a former rail car inspector who worked exclusively in East Syracuse, New York, sued Consolidated Rail (incorporated and headquartered in Philadelphia) and CSX Transportation under FELA for repetitive shoulder injuries; Wright is a non-resident of Pennsylvania who later moved to South Carolina.
- Defendants moved to dismiss under 42 Pa.C.S. § 5322(e) (forum non conveniens), arguing New York was the clearly more convenient forum: Wright’s employment, injury, treatment, medical records, and most witnesses and employment records were located outside Pennsylvania.
- Defendants offered affidavits identifying supervisors and asserting most relevant witnesses and records are in New York (or other states) and that trying the case in Philadelphia would cause greater cost, disruption, and difficulty in securing witnesses.
- The trial court denied dismissal, treating Wright’s choice of Pennsylvania forum with substantial deference, finding defendants’ affidavits conclusory and failing to show costs or inconvenience beyond ordinary litigation burdens.
- On interlocutory appeal, the Superior Court reviewed de novo whether the trial court applied the proper standard and evidentiary burden under Section 5322(e) and whether the private and public Gulf Oil factors established "weighty reasons" to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard for interstate forum non conveniens under 42 Pa.C.S. § 5322(e) | Wright: plaintiff’s forum choice merits strong deference; FELA gives broad forum options | Defendants: less deference appropriate for a foreign plaintiff; court should ask if a more convenient forum exists | Court: Trial court erred by applying intrastate/Pa.R.C.P. 1006(d)-style heightened deference; less deference applies and focus is whether a more convenient forum exists |
| Sufficiency of defendants’ affidavits/evidentiary burden | Wright: affidavits are conclusory and lack record detail; modern technology reduces inconvenience | Defendants: affidavits suffice to show witnesses, records, and costs are primarily out-of-state and re-filing in NY was agreed | Court: Trial court misapplied evidentiary standard; affidavits provided a sufficient factual basis and common-sense inference of disruption is acceptable |
| Application of private (Gulf Oil) factors (witnesses, proof, compulsory process, view of premises, costs) | Wright: inconveniences are speculative and manageable with technology; defendants financially better positioned | Defendants: witnesses, proof, and records are outside Pennsylvania; compulsory process and travel costs favor NY | Court: Private factors favor dismissal — most proof and witnesses are out-of-state; suggested technological workarounds do not outweigh burden |
| Application of public factors (community relation, court congestion, familiarity with law) | Wright: Consolidated Rail’s Philadelphia presence gives local interest; courts familiar with FELA | Defendants: Philadelphia has weak relation to the operative events; community jurors have little tie to the claim | Court: Public factors do not overcome defendants’ showing; local corporate presence does not preclude dismissal; public factors support transfer when plaintiff and events are foreign |
Key Cases Cited
- Hovatter v. CSX Transp., Inc., 193 A.3d 420 (Pa. Super. 2018) (applies § 5322(e); finds "weighty reasons" to dismiss when plaintiff, injury, witnesses, and records are outside Pennsylvania)
- Alford v. Philadelphia Coca-Cola Bottling Co., Inc., 531 A.2d 792 (Pa. Super. 1987) (forum non conveniens permits dismissal to allow re-filing in another state)
- Bratic v. Rubendall, 99 A.3d 1 (Pa. 2014) (moving party must present sufficient factual basis for transfer; court should use common sense in evaluating affidavits)
- Jessop v. ACF Indus., LLC, 859 A.2d 801 (Pa. Super. 2004) (affirming dismissal where plaintiff, events, records, and witnesses were located outside Pennsylvania)
- Petty v. Suburban Gen. Hosp., 525 A.2d 1230 (Pa. Super. 1987) (adopts Gulf Oil private/public factor framework for forum non conveniens)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (U.S. 1947) (sets private and public interest factors for forum non conveniens analysis)