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Golkow Hessel Obtains Favorable Venue Ruling from Pennsylvania Superior Court

May 08, 2012

In Meyers v. Franklin County Builders Association, et al., Donna Meyers fell and suffered injuries due to a property defect at a shopping center located in Franklin County, Pennsylvania. Meyers filed a lawsuit in Philadelphia County alleging negligence against the Franklin County Builders Association (“FCBA”), which had leased the premises for a trade show, as well as other defendants who owned or managed the shopping center. The FCBA filed a motion to transfer venue from Philadelphia to Franklin County on the basis of forum non conveniens. The trial court granted the motion, and transferred the case to Franklin County. Meyers appealed.

On appeal, Meyers argued that the FCBA failed to establish that Philadelphia County was “oppressive.” This was particularly true since Meyers had moved to Atlantic County, New Jersey, and was receiving her medical treatment in New Jersey. Moreover, the defendant property owners and managers were located far closer to Philadelphia County than Franklin County. The Superior Court agreed with Meyers, reversed the trial court’s Order, and remanded the case to Philadelphia County. In so holding, the Superior Court found that the FCBA had “merely showed inconvenience,” which was an insufficient basis to transfer the case.

 

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