According to the Opinion, this matter involved a multi-vehicle collision that occurred in Westmoreland County, Pennsylvania involving a passenger bus and commercial vehicles. The crash resulted in five (5) deaths and numerous injuries.
Plaintiffs who resided in various locations across the country and abroad, filed personal injury lawsuits in the Philadelphia County Court of Common Pleas against several corporate Defendants, all of which conducted business nationwide.
The Defendants sought to transfer the cases to Westmoreland County under the doctrine of forum non conveniens. The Defendants argued that a majority of the witnesses, including first responders and investigators, were located in Westmoreland County and would face significant hardship if required to travel over two hundred (200) miles to Philadelphia for trial.
The Philadelphia County Court of Common Pleas granted the Defendants’ Petition to Transfer under the doctrine of forum non conveniens.
The Superior Court reversed, holding that the Defendants failed to show that the identified witnesses were “key witnesses” whose testimony was “critical” to the defense. The Superior Court also found that the affidavits of the witnesses provided did not sufficiently detail the necessity of the witnesses’ testimonies.
Higher up on the appellate ladder, the Supreme Court of Pennsylvania reversed the Superior Court’s decision in this matter.
The Supreme Court held that the Superior Court’s imposition of a “key witness” requirement was inconsistent with Pennsylvania precedent on the issue of the evidence required to secure a transfer of a matter under the doctrine of forum non conveniens.
The Supreme Court clarified that a party seeking a transfer of a matter under the doctrine of forum non conveniens must identify the burdened witnesses and provide a general statement of their respective testimony. The Supreme Court confirmed that the petitioner need not show that the testimony of the witnesses is “critical” or “necessary” to the defense.
As such, the Supreme Court upheld the trial court’s decision to transfer the cases out of Philadelphia County and to Westmoreland County as a proper exercise of the trial court’s discretion.
Anyone wishing to review a copy of this decision may click this LINK. The Concurring Opinion by Justice Mundy can be viewed HERE.
Source: Justia Daily Opinion Summaries, www.justia.com (Sept. 26, 2025).