In re Paoli Railroad Yard PCB Litigation

6 Pa. D. & C.4th 228, 21 Phila. 213, 1990 Phila. Cty. Rptr. LEXIS 52
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedMay 16, 1990
Docketno. 1046
StatusPublished

This text of 6 Pa. D. & C.4th 228 (In re Paoli Railroad Yard PCB Litigation) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Paoli Railroad Yard PCB Litigation, 6 Pa. D. & C.4th 228, 21 Phila. 213, 1990 Phila. Cty. Rptr. LEXIS 52 (Pa. Super. Ct. 1990).

Opinion

DINUBILE, Jr.,

These actions, involving approximately 273 plaintiffs, were instituted (and consolidated under the above master docket) to recover personal injuries, and in some cases property damage, allegedly resulting from the use and disposal of dielectric fluid containing polychlorinated biphenyls (PCBs) used in transformers of railcars at the Paoli Railroad Yard in Chester County, Pennsylvania. Plaintiffs maintain that they were exposed to these PCBs either as residents adjacent to or as employees of the railroad yard. A number of defendants have been sued, including Monsanto Company, General Electric Company, SEPTA, Penn Central Corporation, Consolidated Rail Corporation (Conrail), National Railroad Passenger Corporation (Amtrak), Westinghouse Electric Corporation, the Budd Company and the City of Philadelphia. By order of January 12, 1990 these cases were assigned to this court by Administrative Judge Edward J. Blake. Pursuant to this assignment, the court has undertaken management of these cases; principally for discovery purposes. On April 19, 1990 the first discovery order [230]*230was entered. In the meantime, defendants have petitioned this court to transfer venue to Chester County under the doctrine of forum non conveniens as provided for in rule 1006(d)(1) of the Pennsylvania Rules of Civil Procedure. This motion has been vigorously contested by plaintiffs’ counsel. The additional case of Donald L’Tainen (now included in the 273 total) has been transferred to this court for decision by The Honorable Samuel M. Lehrer by order of March 1, 1990. This same venue issue had been pending before him prior to Judge Blake’s order. Although this court remains deeply engaged in management and resolution of discovery disputes, the court held a hearing on May 7, 1990 on the forum non conveniens issue in accordance with rule 1006(d)(2) of the Pennsylvania Rules of Civil Procedure. During this hearing the testimony before Judge Lehrer in the L’Tainen case also was considered. After review of the record, arguments and briefs of counsel, the court orders that these cases be transferred to Chester County for disposition.

Prior to a discussion of the reasons for the removal, it must be noted that similar cases emanating from the Paoli Railroad Yard are presently in litigation in federal court. They have been assigned to The Honorable Robert F. Kelly, Judge of the District Court of the Eastern District of Pennsylvania. On November 28, 1988, Judge Kelly granted the defendants’ motion for summary judgment on the ground that there was insufficient acceptable scientific evidence presented by the plaintiffs either to prove that they had been exposed to PCBs in any greater degree than the rest of the general public or that any alleged injuries were caused by this exposure to PCBs. See In re Paoli Railroad Yard PCB Litigation, 706 F.Supp. 358 (E.D. Pa. 1988). This [231]*231issue is presently on appeal before the Third Circuit Court of Appeals. A similar decision, not related to the Paoli Railroad Yard, but involving PCB exposure as a possible cause of colon cancer, was rejected by the Superior Court of New Jersey. See Rubanick v. Witco Chemical Corp., 542 A.2d 975 (N.J. Super. 1988). It is evident that regardless of the results of this venue issue, a decision of the Third Circuit concerning the validity of the plaintiffs’ claims will have significant bearing on the outcome of these suits in state court. However, this court’s opinion is limited solely to the issue of forum non conveniens.

The facts pertaining to this issue are not in dispute. Plaintiffs are divided into two categories, namely, those who live or lived adjacent to and those former or current employees of the railroad yard. Of the 273 plaintiffs before this court, 162 of them involve FELA claims. Of these 162 cases, 45 plaintiffs live in Philadelphia, or a total of 28 percent. Fifty-two live in Chester County, or a total of 32 percent. Of the remaining 40 percent of FELA cases, the plaintiffs live in several other surrounding counties of Philadelphia, as well as the states of New Jersey, Delaware, Maryland and Florida. Of the full total of 273 cases, 127 of the plaintiffs live in Chester County for a total of 47 percent. Fifty-two, or 19 percent, live in Philadelphia. Of 111 of the non-FELA cases, only seven defendants live in Philadelphia, or a total of 6 percent. The evidence contained in the record at the hearing indicated that both the counties of Philadelphia and Chester exert, a great deal of their efforts in the trial and disposition of criminal cases. Despite this fact, Chester County’s civil ready trial pool as of December 1989 consists of approximately 170 cases. The substantial majority of them are tried within six to 12 months. All but a small percentage of cases are tried [232]*232within a year and a half. The numbef of cases on the civil trial list in Philadelphia as of April 2,1990 totals over 45,000, which includes approximately 6,553 asbestos cases. There has been a marked increase in the number of cases on the trial list from 1978 until 1989. In January 1978 there were approximately 7,000 cases available for trial. Today that figure has more than quadrupled. The time for disposition for a jury trial in Philadelphia on the major list would range anywhere from four to five and a half years.

The law involving the doctrine of forum non conveniens is clear-cut. The transfer is within the sound discretion of the trial judge. The standard on appeal is not whether the appellate court might have reached a different conclusion than that of the court below, but rather whether there was an abuse of this discretion. If there is any basis for the trial court’s decision, it must stand. Plaintiffs’ right to choose a forum must be given significant weight, but it is not absolute. The interest of the parties should be considered; including relative ease of access to sources of proof, availability of compulsory process, cost of litigation and view of the scene. Finally, the public interest is of major importance. It includes problems of court congestion and imposing jury duty upon people who have no substantial interest in the litigation. Litigation should not be piled up in congested centers rather than being handled at its place of origin. Brown v. Delaware Valley Transplant Program, 371 Pa. Super. 583, 538 A.2d 889 (1988); McReynolds v. Benner Township, 118 Pa. Commw. 215, 544 A.2d 566 (1988) and Petty v. Suburban General Hospital, 363 Pa. Super. 277, 525 A.2d 1230 (1987). Although there is little dispute as to these principles of law, the application of them has been litigated vigorously. [233]*233The relative interests of the parties, such as ease of access, etc., are evenly balanced. The court’s ruling to transfer these cases is predicated upon the public interest element which it believes substantially outweighs plaintiffs’ right to choose a forum of their choice.

Both sides have asserted the interest of the parties in support of their respective positions. The arguments pro and con basically counterbalance each other. Plaintiffs assert that many of defendants have corporate offices in Philadelphia and that the attorneys themselves áre located here.

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Related

In Re Paoli RR Yard PCB Litigation
706 F. Supp. 358 (E.D. Pennsylvania, 1988)
Rubanick v. Witco Chemical Corp.
542 A.2d 975 (New Jersey Superior Court App Division, 1988)
Brown v. Delaware Valley Transplant Program
538 A.2d 889 (Supreme Court of Pennsylvania, 1988)
McReynolds v. Benner Township
544 A.2d 566 (Commonwealth Court of Pennsylvania, 1988)
Petty v. Suburban General Hospital
525 A.2d 1230 (Supreme Court of Pennsylvania, 1987)
Bortulin v. Harley-Davidson Motor Co.
539 A.2d 906 (Commonwealth Court of Pennsylvania, 1988)

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Bluebook (online)
6 Pa. D. & C.4th 228, 21 Phila. 213, 1990 Phila. Cty. Rptr. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-paoli-railroad-yard-pcb-litigation-pactcomplphilad-1990.