While the change in venue rules for medical malpractice cases has significantly reduced the number of cases filed in Philadelphia county against hospitals and medical practices located in suburban counties, the traditional venue rules still apply to non-medical negligence cases. Thus, premises liability, breach of contract and other actions may still be filed in Philadelphia County against defendants based elsewhere, provided that the plaintiff can establish the necessary contacts with the county in which the action is filed. The applicable Rule of Civil Procedure, 2179, requires that the plaintiff establish that the action arose in one of the following: (1) the county where the
business is located; (2) a county where it "regularly conducts
business"; (3) the county where the cause of action arose; or (4) a
county in which the "transaction or occurrence" giving rise to the cause
of action took place.
In a recent Superior Court case, the appellate court upheld the transfer of a slip and fall action out of Philadelphia County, finding that the defendant, the Parx Casino in Bensalem, PA, did not regularly conduct business in Philadelphia County. The court held that advertising alone was insufficient to make that connection, and also determined that the conduct of a "sister corporation" did not legally connect the defendant to Philadelphia County. See Wimble v. Parx Casino and Greenwood Gaming and Entertainment Inc., PICS No. 12-0531.
The Latest Developments in Medical Malpractice Litigation and Law
Of relevance to this issue is pending legislation which would modify the venue rules applicable to personal injury actions (not medical malpractice) against corporations. HB 1976 would change the rule to permit a plaintiff to sue a corporation in either (1) The county where the plaintiff is domiciled (i.e. lives), (2) The county where all or a predominant part of the cause of action arose, or (3) The county where the principal place of business of the corporation or similar entity is located. This bill was amended as of 12/11 and is before the House Appropriations committee. If passed, this would be a significant change, allowing a plaintiff to sue in the county where they live.
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