Pisieczko v. Children's Hospital of Philadelphia

73 A.3d 1260, 2013 Pa. Super. 209, 2013 WL 3864480, 2013 Pa. Super. LEXIS 1680
CourtSuperior Court of Pennsylvania
DecidedJuly 26, 2013
StatusPublished
Cited by9 cases

This text of 73 A.3d 1260 (Pisieczko v. Children's Hospital of Philadelphia) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pisieczko v. Children's Hospital of Philadelphia, 73 A.3d 1260, 2013 Pa. Super. 209, 2013 WL 3864480, 2013 Pa. Super. LEXIS 1680 (Pa. Ct. App. 2013).

Opinion

OPINION BY

STEVENS, P.J.

Appellants Kenneth Pisieczko and Doris Pisieczko, h/w, appeal from the order of the Court of Common Pleas of Philadelphia County, which granted the petition of Appellee Children’s Hospital of Philadelphia (“CHOP”) to dismiss Appellants’ civil case pursuant to the doctrine of forum non conveniens. We affirm.

The relevant facts and procedural history are as follows: Appellants, who are both residents of New Jersey, allege that on November 19, 2012, Mr. Pisieczko was injured while he performed independent contracting work for CHOP in Mays Landing, New Jersey. Complaint, ¶¶ 7-8. Appellants allege that, on the date in question, Mr. Pisieczko was repairing an exterior light atop a pole as part of his contracting work for CHOP. Complaint, ¶ 7. In order to perform this work, Mr. Pisiec-zko placed a ladder against the pole, which was held by a “spotter.” Complaint, ¶ 10. As he ascended the ladder, the pole broke apart and threw him to the ground, causing serious injuries. Complaint, ¶ 11. Appellants claim the dangerous condition presented by the pole was neither obvious nor known at the time of the incident. Complaint, ¶ 14. Appellants commenced this action by filing a Civil Action Complaint in Philadelphia County on May 9, 2012, which presented claims of negligence against CHOP, as well as loss of consortium.

On July 2, 2012, Appellee filed a Petition for Dismissal of Case for Forum Non Con-veniens, pursuant to 42 Pa.C.S.A. § 5322(e). CHOP argued that New Jersey is the more proper venue for this case since the accident occurred in New Jersey, Appellants are residents of New Jersey, and many of the witnesses reside and work in that area. See Petition for Dismissal of Case, supra. Appellants filed a Response [1262]*1262to Appellee’s Petition for Dismissal of the Case for Forum Non Conveniens on July 23, 2012, asserting Philadelphia County is a proper venue since it is the site of CHOP’S headquarters, several witnesses work and reside in that forum, and Appellants’ choice of forum should not be disturbed. See Response to Petition for Dismissal, supra.

On August 1, 2012, Appellee filed a Reply to Appellants’ Response to Appellee’s Petition for Dismissal of the Case for Forum Non Conveniens. On August 2, 2012, Appellants filed a Supplemental Response to Appellee’s Petition of Dismissal for Forum Non Conveniens. That same day, on August 2, 2012, the trial court entered an Order granting Appellee’s Petition and dismissing the instant case for forum non conveniens, from which Appellants filed this timely appeal.1 All Pa.R.A.P. 1925 requirements have been met.

Appellants raise the following issues for our review:

A. Did the trial court err as a matter of law and/or abuse its discretion by dismissing plaintiff-appellants’ Complaint on the basis of Forum non Conveniens?
B. Did the trial court err as a matter of law and/or abuse its discretion in finding that there were sufficiently well-pled facts providing weighty reasons and/or supporting any public and private interest factors in dismissing plaintiff-appellants’ Complaint?
C. Did the trial court err as a matter of law and/or abuse its discretion in finding that, without sufficiently well-pled facts, it was in the interest of substantial justice to hear the matter in another forum?

Appellants’ Brief at 5.2

Each of Appellants’ issues challenge the trial court’s granting of Appellee’s Petition for Dismissal of the Case for Forum non Conveniens, and for purposes of effective appellate review, we shall consider the issues collectively. Our standard of review of a trial court’s ruling on a Petition to Dismiss on the grounds oí forum non conveniens is abuse of discretion. Engstrom v. Bayer Corporation, 855 A.2d 52, 55 (Pa.Super.2004) (citations omitted). An abuse of discretion will be found when the trial court “misapplies the law or exercises [its] judgment in a manner that is manifestly unreasonable or the result of bias, prejudice or ill will.” Hunter v. Shire US, Inc., 992 A.2d 891, 896 (Pa.Super.2010). Finally, “if there is any basis for the trial court’s decision, the decision must stand.” Engstrom, 855 A.2d at 55.

The doctrine of forum non conveniens has been codified at 42 Pa.C.S.A. § 5322(e), which provides:

(e) 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.

42 Pa.C.S.A. § 5322(e).3

In Engstrom, this Court reiterated the two most important factors the trial [1263]*1263court must consider in deciding whether forum non conveniens under 42 Pa.C.S.A. § 5322(e) requires dismissal. They 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. Engstrom, 855 A.2d at 55. The Engstrom court also provided guidance on the specific public and private factors that the trial court should consider when determining whether sufficiently “weighty reasons” exist to warrant overcoming the plaintiffs choice of forum. The private factors are:

[T]he relative ease of access to sources of proof; availability of compulsory process for attendance of the unwilling, and the cost of obtaining attendance of willing witnesses; [ ... ] and all other practical problems that make trial of a case easy, expeditious, and inexpensive.

Engstrom, 855 A.2d at 56. Those public factors that should be considered are:

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 have 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.

Id.

In the case sub judice, there is no question that an alternative forum exists for Appellants to litigate their case; the trial court specifically noted that Appellants may re-file their case in New Jersey. Trial Court’s Opinion, filed December 6, 2012, at 5. We therefore must determine whether the trial court abused its discretion in balancing the public and private factors.

The trial court found that the private factors supporting dismissal are:

The site of the accident and potential witnesses are located in New Jersey, thus trial in New Jersey would facilitate attendance of the parties and witnesses; there is no allegation that the costs of obtaining witnesses would be greater in New Jersey; and a potential view of the accident site would be less complicated logistically with a New Jersey jury.

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Bluebook (online)
73 A.3d 1260, 2013 Pa. Super. 209, 2013 WL 3864480, 2013 Pa. Super. LEXIS 1680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pisieczko-v-childrens-hospital-of-philadelphia-pasuperct-2013.