Wyszynski v. Greenwood Gaming & Entertainment, Inc.
160 A.3d 198
| Pa. Super. Ct. | 2017Background
- Plaintiff Rita Wyszynski sued Parx Casino (Greenwood Gaming) for injuries from a slip-and-fall in a Bucks County casino restroom.
- Plaintiff filed the complaint in Philadelphia County.
- Defendant filed preliminary objections asserting improper venue in Philadelphia because its registered office, principal place of business, and the incident were in Bucks County and it does not "regularly conduct business" in Philadelphia.
- Plaintiff argued venue was proper in Philadelphia because Defendant conducts extensive advertising and sponsorships in Philadelphia that attract Philadelphia residents.
- The trial court sustained Defendant’s preliminary objections and transferred the case to Bucks County; plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Defendant "regularly conducts business" in Philadelphia to support venue under Pa.R.C.P. 2179(a) | Advertising and event sponsorships in Philadelphia amount to substantial, continuous business contacts making venue proper in Philadelphia | Advertising and sponsorships are incidental/solicitation only; corporate operations and the incident are in Bucks County, so venue is improper in Philadelphia | Court affirmed transfer: pervasive advertising, even if extensive, is incidental solicitation and does not establish "regularly conducts business" |
Key Cases Cited
- Fritz v. Glen Mills Schools, 840 A.2d 1021 (trial court's venue-transfer review standard; plaintiff's forum choice given weight)
- Zampana-Barry v. Donaghue, 921 A.2d 500 (party seeking change of venue bears burden of proof)
- Purcell v. Bryn Mawr Hosp., 579 A.2d 1282 (establishes quality-and-quantity test for "regularly conducts business")
- Battuello v. Camelback Ski Corp., 598 A.2d 1027 (advertising/solicitation alone insufficient for venue)
- Kubik v. Route 252, Inc., 762 A.2d 1119 (contacts like newsletters, gift certificates, and purchases in forum county held incidental)
- Kisak v. Wheeling Park Comm'n, 898 A.2d 1083 (advertising as sole activity does not constitute regular business)
- Wimble v. Parx Casino (Philadelphia Park Casino), 40 A.3d 174 (similar holding that advertising alone does not support venue)