Injured Worker Venue Forum Non-conveniens
Wilson v. CSX Transp., Inc., PICS Case No. 17-1078 (C.P. Philadelphia Jun. 27, 2017) Younge, J. (2 pages).
In this case involving injuries sustained by a worker during the course of employment, venue was proper in a county where the employer regularly conducted business. Motion to dismiss for forum non-conveniens denied.
Plaintiff filed this action against his employer under the Federal Employers' Liability Act (FELA). Plaintiff resided in Kentucky. He had worked for defendant for over 35 years. During his employment, plaintiff worked at defendant's facilities in Kentucky, Ohio and Indiana. Plaintiff sought to recover for work-related injuries to his right knee, lower back and neck, all of which required surgical treatment.
Defendant regularly conducted business in Philadelphia County. Its trains traveled to and through Philadelphia on a daily basis.
Defendant filed a motion to dismiss based on forum non-conveniens, arguing in favor of transferring the action to either Kentucky or Ohio, based on 42 Pa.C.S. 5322(e). The court denied this motion, and defendant proceeded to file a petition for review with the Superior Court. The court granted that motion and entered an order consolidating this appeal with two other similar FELA cases involving the same defendant. In both of those cases, defendant had also filed motions to dismiss for forum non-conveniens, which the court had denied in both instances.
In this case, Plaintiff identified potential witnesses residing in Kentucky or Ohio, and he had received medical treatment in Kentucky. The court found that the factual and legal issues related to the motion to dismiss in one of the other cases, Hovatter v. CSX Transportation, Inc., July Term 2015, No. 3680 (3379 EDA 2016), were nearly identical to the factual and legal issues of the instant case. Therefore, the court denied defendant's motion to dismiss for forum non-conveniens, because venue was appropriate in Philadelphia County due to defendant's regular business activity in the county.