PA-ACP Joins Amicus Brief on Behalf of Members over Venue Issues

PA-ACP has joined an amicus curiae brief on behalf of its members in a case (Tranter v. Z and D Tours) where the Superior Court ruled that it was proper to allow a case to be heard in Philadelphia despite the fact that the events and individuals involved live more than 250 miles from the city.  The Appeals Court ruled that Court had properly exercised its discretion in granting FedEx Ground’s Petitions to Transfer the Venue where the detailed factual record establishes that it would be oppressive and vexatious to litigate these cases in Philadelphia County.  Westmoreland County is the forum in which the accident occurred, where dozens of potential witnesses are located, and where Philadelphia County shares no connection to a single party, witness, or claim

This appeal involves cases which were filed in the Court of Common Pleas of Philadelphia County despite the fact that: (1) the accident giving rise to these claims occurred in Westmoreland County, over 250 miles from Philadelphia County; (2) none of the Plaintiffs reside in Philadelphia County; (3) none of the Plaintiffs received medical care in Philadelphia County; (4) none of the Defendants reside or maintain a principal place of business in Philadelphia County; and (5) of the dozens of potential witnesses, including emergency, medical, police, and investigating officers, none work or reside in Philadelphia County. In fact, many reside no closer than 240 miles from Philadelphia County. Philadelphia County shares no connection to a single party, witness, or claim with respect to these cases. The only arguable connection with Philadelphia County is the fact that some of the Defendants conduct business in Philadelphia County.

This is similar to the many medical malpractice cases now being filed in Philadelphia despite the limited connection to the city and county.   The Philadelphia Court of Common Pleas reports a whopping 59 new medical liability cases filed in April 2024.  This is the highest case count since January 2023, the first month after the med mal rule was rescinded. So far this year there is an average of 49 cases filed in Philadelphia each month.  In the PCCJR analysis of those cases, just 20 cases had causes of action in Philadelphia,