Miller v. Sommer Maid Creamery

60 Pa. D. & C.4th 197, 2002 Pa. Dist. & Cnty. Dec. LEXIS 177
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedMay 31, 2002
Docketno. 2049
StatusPublished

This text of 60 Pa. D. & C.4th 197 (Miller v. Sommer Maid Creamery) 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
Miller v. Sommer Maid Creamery, 60 Pa. D. & C.4th 197, 2002 Pa. Dist. & Cnty. Dec. LEXIS 177 (Pa. Super. Ct. 2002).

Opinion

QUIÑONES ALEJANDRO, J.,

INTRODUCTION

Angela Miller (plaintiff) argues on appeal that the petition to transfer venue of this matter from Philadelphia County to Northumberland County on the basis of forum non conveniens, filed by Sommer Maid Creamery, John A. Reahm, and Frank Sexton Enterprises Inc. (defendants), was erroneously granted. This motion judge disagrees.

RELEVANT FACTUAL AND PROCEDURAL HISTORY

Briefly, the relevant facts of this case, as defined by the pleadings, exhibits, and memoranda submitted in support of the parties’ respective pleadings, are as follows:

“Plaintiff is an adult individual who resides at 816 N. Washington Street, Shamokin, Northumberland County, Pennsylvania.
“John Allan Reahm (defendant Reahm) is an adult individual with an address at 6406 Ferry Road, Doylestown, Bucks County, Pennsylvania.
“Frank Sexton Enterprises Inc. (defendant Sexton) is a business entity organized under the laws of the Commonwealth of Pennsylvania, with an office on Routes 313 and 611, Swamp Road, Doylestown, Bucks County, Pennsylvania.
[200]*200“Sommer Maid Creamery (defendant Sommer Maid) is a business entity organized out of defendant Sexton with an office also on Routes 313 and 611, Swamp Road, Doylestown, Bucks County, Pennsylvania.
“At the time of the accident, defendants Sexton and Sommer Maid were the leasees of a 1994 freightliner which was operated by defendant Reahm.
“On October 23, 1998, at approximately 3:30 p.m., plaintiff was operating a vehicle on State Road 304 in Union Township, Union County, Pennsylvania, when defendant Reahm allegedly drove onto the path of and collided with plaintiff’s vehicle, causing plaintiff to sustain serious personal injuries.”

Procedurally, the record indicates that:

“On February 14, 2001, plaintiff filed a writ of summons in the Philadelphia County Court of Common Pleas against defendants. On June 4, 2001, plaintiff filed a personal injury action against defendants. Pursuant to a stipulation entered into by the parties, plaintiff on June 25, 2001, filed an amended complaint.
“On August 13, 2001, defendants filed an answer to the amended complaint with new matter. On August 24, 2001, plaintiff filed a reply to defendants’ new matter.
“On January 14, 2002, defendants Sommer Maid and Reahm filed a petition to transfer venue on the grounds of forum non conveniens, to which plaintiff on February 8, 2002, filed a response. On February 19, 2002, these pleadings were assigned to this motion judge. By order dated March 1, 2002, this undersigned motion judge granted defendants’ petition and ordered the matter transferred to Northumberland County. On March 19, 2002, [201]*201a praecipe to transfer this matter out of Philadelphia County was filed.
“Dissatisfied, plaintiff on March 25, 2002, filed a timely appeal to the Superior Court.”

ISSUE

In response to an order issued in accordance with Pa.R.A.P. 1925(b), plaintiff on April 8, 2002, filed of record a statement of matters complained of on appeal and argued that this motion judge erroneously granted defendants’ petition to transfer venue, in that:

“(1) Defendants’ motion to transfer was unaccompanied by any affidavit or proof showing that transfer was necessary because a witness or witnesses were in fact unwilling or unable to travel and, thus, the defendants failed to meet their burden of proof;
“(2) Defendants failed to clearly adduce facts that established oppressiveness and vexation as to be in proportion to plaintiff’s convenience;
“(3) There was no detailed information on the record suggesting that plaintiff’s choice of forum was intended to harass defendant;
“(4) There was no showing that plaintiff’s chosen venue placed an unreasonable burden on defendants;
“(5) Defendants failed to make the showing required by Pennsylvania law; and
“(6) The balancing test remained in favor of the plaintiff, and as there was no concrete factual showing that defendants were oppressed or otherwise unfairly burdened by plaintiff’s choice of forum, defendants’ motion should have been denied.”

[202]*202LAW AND DISCUSSION

Undisputedly, a trial/motion judge has great discretion in reviewing petitions to change venue based upon the doctrine of forum non conveniens. Hoose v. Jefferson Home Health Care Inc., 754 A.2d 1, 3 (Pa. Super. 2000), appeal denied, 564 Pa. 722, 766 A.2d 1249 (2001); Johnson v. Henkels & McCoy Inc., 707 A.2d 237, 239 (Pa. Super. 1997). Absent a showing of an abuse of discretion, a court’s decision to transfer venue will not be reversed. Hoose, supra. An abuse of discretion occurs when the judge misapplies the law or exercises his/her judgment in a manner that is manifestly unreasonable, or displays partiality, bias, prejudice, or ill will. Johnson, supra. When a “trial court has not held the defendant to the proper burden[,] . . . the equivalent of an abuse of discretion has been demonstrated.” Id. at 239 (quoting Petty v. Suburban General Hospital, 363 Pa. Super. 277, 282, 525 A.2d 1230, 1232-33 (1987)).

Although a plaintiff’s choice of forum is entitled to weighty consideration and deference, the right of a plaintiff to choose a forum is not absolute. See Okkerse v. Howe, 521 Pa. 509, 517-18, 556 A.2d 827, 832 (1989). In addition, Pa.R.C.P. 1006(d)(1) permits a defendant to file a petition for a change of venue for the convenience of the parties and witnesses even though the original venue chosen by the plaintiff is proper. Specifically, the rule provides:

“For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought.” Pa.R.C.P. 1006(d)(1). See also, Johnson, supra at 238.

[203]*203The doctrine of forum non conveniens is employed as “a necessary counterbalance to insure fairness and practicality.” Okkerse, supra at 518, 556 A.2d at 832. In Cheeseman v. Lethal Exterminator Inc., 549 Pa. 200, 213, 701 A.2d 156, 162 (1997), the Pennsylvania Supreme Court clarified the applicable standard when considering a petition to transfer venue pursuant to Pa.R.C.P. 1006(d)(1) as follows:

“[A] petition to transfer venue should not be granted unless [a] defendant meets [the] burden of demonstrating, with detailed information on the record, that the plaintiff’s chosen forum is oppressive or vexatious to the defendant.” Cheeseman, supra

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Related

Cheeseman v. Lethal Exterminator, Inc.
701 A.2d 156 (Supreme Court of Pennsylvania, 1997)
Hoose v. Jefferson Home Health Care, Inc.
754 A.2d 1 (Superior Court of Pennsylvania, 2000)
Okkerse v. Howe
556 A.2d 827 (Supreme Court of Pennsylvania, 1989)
Johnson v. Henkels & McCoy, Inc.
707 A.2d 237 (Superior Court of Pennsylvania, 1997)
Petty v. Suburban General Hospital
525 A.2d 1230 (Supreme Court of Pennsylvania, 1987)
Johns v. First Union Corp.
777 A.2d 489 (Superior Court of Pennsylvania, 2001)
Dulaney v. Consolidated Rail Corp.
715 A.2d 1217 (Superior Court of Pennsylvania, 1998)

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Bluebook (online)
60 Pa. D. & C.4th 197, 2002 Pa. Dist. & Cnty. Dec. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-sommer-maid-creamery-pactcomplphilad-2002.