Litigating in the Court of Common Pleas of Philadelphia, Pennsylvania, is seen by defendants as a risky proposition, especially for personal injury claims. The venue is known for having the most generous jury pool in the Commonwealth and a pro-plaintiff judiciary.

Just as plaintiffs look for ways to file cases in Philadelphia County to increase value, defendants should explore means, where appropriate, to transfer cases out of this venue. A recent decision by the Honorable William J. Manfredi of the Court of Common Pleas of Philadelphia County highlights one tool potentially available to defendants: motion to transfer venue on forum non conveniens grounds.

In Meyers v. Franklin County Builders Assoc., February Term, 2011, No. 1215, the plaintiff filed suit in Philadelphia County against multiple defendants following a slip/fall injury in Franklin County, Pennsylvania. Defendant Franklin County Builders Association immediately filed a motion to transfer venue arguing that Philadelphia County is an inconvenient forum to litigate the matter.

Judge Manfredi entered an Order on October 17, 2011, granting the motion. The court noted that the accident had not occurred in the venue, that the plaintiff resided in New Jersey, and that none of the defendants had their principal place of business in Philadelphia County. The court cited the affidavit of the moving defendant’s executive director which documented the fact that as a Chambersburg, Pennsylvania resident, he would be required to travel 160 miles each way to attend depositions and trial. The court also noted the “significant financial burden in connection with his traveling and likely staying in Philadelphia for some or all of trial, and the inconvenience of his being away from his home and employment.”

Considering those facts, the court found that litigating the case in Philadelphia County would be vexatious to the parties and impose significant hardships upon the defendants. The court’s order transferred the case to Franklin County, the county where the accident occurred and where a majority of the witnesses resided or were employed.

While this case is not precedential outside of Philadelphia County, it is important to note that many of these motions are filed within Philadelphia County for the very reasons discussed above. Meyers makes evident the fact that transfer on forum non conveniens is viable so long as the facts—and the motion—support it. Gathering information about the accident, the witnesses, and the evidence at the outset is imperative. Securing affidavits from necessary witnesses is as essential as documenting the hardships the witnesses and parties will face in traveling to Philadelphia County. For example, in some instances a defendant is responsible for an aged parent or lacks the means to travel to the venue, etc. Just as important to the transfer effort is selecting an attorney that has regularly fought this very fight.

The motion to transfer venue on forum non conveniens grounds is only one tool available. Counsel should be consulted to explore other potential means by which transfer may be effected.