DAVID W. HOVATTER v. CSX TRANSPORTATION, INC.; EDWARD M. WILSON v. CSX TRANSPORTATION, INC.
No. 3379 EDA 2016; No. 631 EDA 2017
In the Superior Court of Pennsylvania
FILED JULY 13, 2018
2018 PA Super 205
BEFORE: LAZARUS, J., OTT, J., and PLATT, J.*
J-A01021-18. Appeal from the Order Entered July 20, 2016 in the Court of Common Pleas of Philadelphia County Civil Division at No.: 1507-3680. Appeal from the Order Entered October 20, 2016 in the Court of Common Pleas of Philadelphia County Civil Division at No.: 151102678.
* Retired Senior Judge assigned to the Superior Court.
We derive the underlying facts and procedural history in this matter from the trial court‘s Opinion, filed May 18, 2017, its Statement in Lieu of Opinion, filed June 27, 2017, and our independent review of the certified record.
Appellee Hovatter is a lifelong resident of Frostburg, Maryland. He worked for Appellant as a machinist in Appellant‘s locomotive shop in
Appellant CSXT filed preliminary objections on September 22, 2015, which the trial court sustained in part, on November 30, 2015. On December 15, 2015, Appellee Hovatter filed an amended complaint alleging that he suffered an injury on August 3, 2012, when descending a metal ramp at work. (See Amended Complaint, 12/15/15, at ¶¶ 7-8). Appellant filed an answer and new matter on January 4, 2016.
On May 9, 2016, Appellant filed a motion to dismiss based on the doctrine of forum non conveniens. Appellant agreed to waive the statute of limitations if Hovatter refiled his action in a new forum within one hundred twenty days of the dismissal of the suit in Philadelphia.
Appellee Hovatter filed an answer on May 31, 2016. The trial court denied the motion on July 1, 2016.
Appellant‘s motion to amend the order of July 1, 2016, to allow for an interlocutory appeal, was deemed denied by operation of law. See
In its opinion, the trial court found that a plaintiff‘s choice of forum brought under the FELA should receive “particular deference.” (Trial Court
The facts in Appellee Wilson‘s case are similar.
Appellee Wilson is a resident of Worthville, Kentucky. He worked for Appellant in a variety of locations in Kentucky, Ohio, and Indiana. On November 18, 2015, he instituted the instant action pursuant to the FELA, and after preliminary objections, filed an amended complaint on March 8, 2016, alleging that he suffered from cumulative traumatic injuries which occurred in the course of his employment with Appellant. (See Amended Complaint, 3/08/16, at ¶¶ 5-12).
Appellant again filed preliminary objections, which the trial court overruled. Appellant filed an answer and new matter on June 13, 2016. On
Appellant stipulated that if Appellee Wilson were to dismiss his complaint and refile it in a more appropriate forum, CSXT would waive any objection on the basis of venue or personal jurisdiction, and would use the date of the filing of Wilson‘s complaint in Pennsylvania, November 18, 2015, for the purpose of determining compliance with the statute of limitations in the new forum, provided that Wilson were to re-file his action within ninety days of the dismissal order in Pennsylvania.
Appellee Wilson filed an answer on August 22, 2016. The trial court denied the motion on October 20, 2016. Appellant filed a motion to amend the order of November 4, 2016, to allow for an interlocutory appeal. The trial court denied this request on January 12, 2017. On December 19, 2016, Appellant filed a petition for review in this Court. On February 23, 2017, this Court granted the petition for review. The instant, timely appeal followed.
The trial court did not order Appellant to file a concise statement of errors complained of on appeal. See
On appeal, Appellant raises two questions for our review.
Whether Pennsylvania courts may give heightened deference to a plaintiff‘s choice of forum in applying the doctrine of forum non conveniens in a FELA case? - Whether the requisite “weighty” reasons for dismissal under the doctrine of forum non conveniens exist when an out-of-state plaintiff who had no connection to Pennsylvania sues an out-of-state defendant to recover for injuries allegedly suffered outside of Pennsylvania and all known witnesses reside outside of Pennsylvania[?]
(Appellant‘s Brief, at 4-5) (quotation marks in original).2
Orders on motions to dismiss under the doctrine of forum non conveniens are reviewed for an abuse of discretion. See Rini v. N.Y. Cent. R.R. Co., 240 A.2d 372, 373 (Pa. 1968). “This standard applies even where jurisdictional requirements are met.” Engstrom v. Bayer Corp., 855 A.2d 52, 55 (Pa. Super. 2004), appeal denied sub nom. Weiding v. Bayer Corp., 887 A.2d 1242 (Pa. 2005). Moreover, “if there is any basis for the trial court‘s decision, the decision must stand.” Id. (citation omitted).
An abuse of discretion occurs if, inter alia, there was an error of law or the judgment was manifestly unreasonable. See Silver v. Thompson, 26 A.3d 514, 516 (Pa. Super. 2011). When reviewing for errors of law, “the appellate standard of review is de novo and the scope of review is plenary.”
In Pennsylvania, the doctrine of forum non conveniens, which originated in Common Law, has been codified by statute:
Inconvenient forum.—When a tribunal finds that in the interest of substantial justice the matter should be heard in another forum, the tribunal may stay or dismiss the matter in whole or in part on any conditions that may be just.
Application of the forum non conveniens doctrine in an interstate context solves the “problem ... that plaintiffs may bring the suit in an inconvenient forum in the hope that they will secure easier or larger recoveries or so add to the costs of the defense that the defendant will take a default judgment or compromise for a larger sum.” Norman v. Norfolk & W. Ry. Co., 323 A.2d 850, 854 (Pa. Super. 1974).
The two most important factors the trial court must apply when considering whether dismissal is warranted are that “1.) the plaintiff‘s choice of forum should not be disturbed except for ‘weighty reasons,’ and 2.) there must be an alternate forum available or the action may not be dismissed.” Pisieczko v. Children‘s Hosp. of Phila., 73 A.3d 1260, 1263 (Pa. Super. 2013) (citation omitted); see also Engstrom, supra at 55.
In these cases, there is no substantial dispute that Appellant‘s proposed stipulations provide an alternative forum for the Appellees. Therefore, the second factor is not at issue. (See Trial Ct. Op., at 4). However, with respect
To determine whether such “weighty reasons” exist as would overcome the plaintiff‘s choice of forum, the trial court must examine both the private and public interest factors involved. Petty v. Suburban General Hospital, 363 Pa. Super. 277, 525 A.2d 1230, 1232 (1987). The Petty Court reiterated the considerations germane to a determination of both the plaintiff‘s private interests and those of the public as defined by the United States Supreme Court in Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 67 S. Ct. 839, 91 L. Ed. 1055 (1947). They are:
the relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the actions; and all other practical problems that make trial of a case easy, expeditious and inexpensive. There may also be questions as to the enforceability of a judgment if one is obtained. The court will weigh relative advantages and obstacles to a fair trial. * * *
Factors of public interest also have place in applying the doctrine. Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin. Jury duty is a burden that ought not to be imposed upon the people of a community which has no relation to the litigation. There is appropriateness, too, in having the trial * * * in a forum that is at home with the state law that must govern the case, rather than having a court in some other forum untangle problems in conflict of laws, and in law foreign to itself.
Petty, supra at 1232 (quoting Gulf Oil, supra at 508–09, 67 S. Ct. 839).
Here, in its first issue, Appellant contends that the trial court erred in applying a standard of heightened deference to Appellees’ choice of forum because they brought their cases pursuant to the FELA. (See Appellant‘s Brief, at 12-14; Trial Ct. Op., 5/18/17, at 3). We agree.
In its decision, the trial court stated:
Specifically, pursuant to
45 U.S.C. § 56 of the FELA, [Appellees have] the right to choose [their] forum to litigate [their] individual FELA personal injury action[s]. Under the FELA, a plaintiff is entitled to bring an action in any district where the defendant is doing business at the time of commencing such action. In pertinent part,45 U.S.C. § 56 , states:[U]nder this chapter, an action may be brought in a District Court of the United States, in the District of the residence of the defendant, or in which the cause of action arose or in which the defendant shall be doing business at the time of commencing such action ...
45 U.S.C. § 56 .3
Initially, our review of the plain meaning of section 56 confirms that the statute only addresses venue in federal district courts (along with concurrent state jurisdiction), not whether dismissal of a case under forum non conveniens is appropriate in state court.
Furthermore, we are constrained to conclude that the trial court‘s reasoning concerning the applicability of section 56 based on the inference it draws from the legislative odyssey of the Jennings Bill in 1947, (see id. at 4), is unpersuasive.4 In support of its intended inference, the learned trial court offers neither controlling authority nor legislative history. In any event, there is no rule of statutory interpretation which justifies drawing a binding inference from the failure to enact proposed legislation. The court‘s reliance on section 56 (and on the failure to enact the Jennings Bill) is legal error.
Moreover, the trial court‘s assumption, that particular deference must be given to a foreign resident‘s choice of forum for an FELA complaint, must be qualified by the effect of long-standing authority which holds that state courts must apply the doctrine of forum non conveniens impartially, without
Finally, as already noted, “the presumption in favor of a plaintiff‘s choice of forum may be less stringently considered when the plaintiff has chosen a foreign forum to litigate his or her claims.” Aerospace Fin. Leasing, supra at 814 (citation omitted).
We address Appellant‘s second and third arguments together.6 Appellant contends that it established “weighty reasons” for the dismissal of Appellees’ Pennsylvania complaints, and asks that this Court reverse the trial court‘s orders denying dismissal. (Appellant‘s Brief, at 5, 36). We agree.
The trial court found that Appellant was doing business in Philadelphia by virtue of its hauling freight through the county on a regular basis. (See Trial Ct. Op., at 1). Furthermore, the court reasoned that even though Appellant had waived objections to re-filing in an alternate jurisdiction (on certain conditions), it had failed to establish weighty reasons for dismissal on evaluation of the private and public interest factors. (See id. at 4). We are constrained to disagree.
The doctrine of forum non conveniens presumes that venue is proper. This standard applies even where jurisdictional requirements are met. See Engstrom, supra at 55. The question for this Court on our review of discretion is still whether, even if venue is technically proper, there is a more convenient forum where the litigation could be conducted more easily, expeditiously, and inexpensively. See id. at 56.
Appellant argues that these cases should be dismissed. Neither Appellee resides in Pennsylvania (Hovatter resides in Maryland; Wilson, in Kentucky); Hovatter‘s injury allegedly occurred in Cumberland, Maryland; Wilson‘s in Kentucky, Ohio, and Indiana; Hovatter received his medical treatment in Maryland; his witnesses are in Maryland. (See Appellant‘s Brief, at 7).
Wilson received all of his medical treatment in Kentucky and Ohio. (See id. at 9). All of his claims arise from alleged acts and omissions of Appellant in Kentucky, Ohio, Indiana, or Florida. (See id.). There are no relevant witnesses to any of the working conditions in Pennsylvania. (See id. at 9-10). There are no employment records or other documents of relevance to
Appellant also argues that because all of the witnesses it is likely to call reside outside of Pennsylvania, it will be more difficult to compel their presence at trial, in particular, unwilling witnesses. (See id. at 23). It contends that even if the some of the witnesses are willing to attend, it will be more costly and inconvenient. (See id. at 24-25).
Nevertheless, the trial court maintains that the private and public factors do not favor dismissal. (See Trial Ct. Op., at 4). However, the trial court‘s conclusion is unreasonably and impermissibly dependent on its own sua sponte suggestions on how to trim costs or work around other objections.
These recommendations range from the court‘s encouragement of increased use of video technology, to its highly impractical (and implausible) suggestion that in Hovatter‘s case Appellant could remove the ramp at issue, a twelve feet by six feet construct of steel and concrete still in active use in the Cumberland locomotive shop, for shipment to Philadelphia. (See id. at 6).
Similarly, the trial court dismissed the problem of transporting witnesses from Cumberland, Maryland to Philadelphia (a distance of about two hundred forty miles) by reasoning that because Appellant is in the business of hauling
Furthermore, the trial court did not weigh all the pertinent factors, including Appellees’ “foreign” status (i.e., Maryland and Kentucky). We are constrained to conclude that the trial court abused its discretion.
Accordingly, we reverse the orders in question and remand with directions to the trial court to dismiss the underlying complaints without prejudice to refiling them, within the time limits previously stipulated, in more appropriate courts.
Orders reversed. Cases remanded with instructions. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/13/18
Notes
No action shall be maintained under this chapter unless commenced within three years from the day the cause of action accrued.
Under this chapter an action may be brought in a district court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action. The jurisdiction of the courts of the United States under this chapter shall be concurrent with that of the courts of the several States.