THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY CUTLER, JUNE 27, 2012

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 27, 2012  

A RESOLUTION

Urging the Pennsylvania Supreme Court to study the impact on

certain entities caused by the Pennsylvania Rules of Civil

Procedure that allow broad latitude to plaintiffs in the

bringing of certain tort cases and to examine the efficacy

and justice of expanding the Supreme Court's 2002 rule on

venue for cases of alleged medical professional liability to

all civil proceedings.

WHEREAS, The Pennsylvania Supreme Court, pursuant to section

10(c) of Article V of the Constitution of Pennsylvania, has the

power and the responsibility to make rules of civil procedure

for the Unified Judicial System of Pennsylvania; and

WHEREAS, The Supreme Court in 2002 responded to precipitous

loss of medical insurance availability with amendments to the

Pennsylvania Rules of Civil Procedure that made venue in cases

of alleged medical professional liability more equitable and

certain, and case outcomes therefore more predictable; and

WHEREAS, The Supreme Court has documented annually since 2002

that the number of civil litigation cases with a cause of action

involving alleged medical professional liability filed in the

County of Philadelphia has declined by more than 40%; and

WHEREAS, National studies have repeatedly cited Pennsylvania

and specifically the County of Philadelphia as examples for

abuse of the Pennsylvania Rules of Civil Procedure providing for

venue in civil cases; and

WHEREAS, Expert witnesses have testified before the Judiciary

Committee of the House of Representatives of the Commonwealth of

Pennsylvania that Pennsylvania's venue rule for nonmedical

personal injury civil cases differs widely from the norm in most

other states and is a cause of concern for Pennsylvania's

competitive economic position; and

WHEREAS, Pennsylvania's venue rule for nonmedical personal

injury cases results in a disproportional burden on citizens who

are called to serve as jurors in litigation involving parties

and events unrelated to their community, at a cost to citizens'

time and resources and the resources of the forum jurisdiction;

therefore be it

RESOLVED, That the House of Representatives urge the

Pennsylvania Supreme Court to study the impact on plaintiffs,

defendants and the finances of the Commonwealth and its local

governments caused by existing Pennsylvania Rules of Civil

Procedure that allow broad latitude to plaintiffs to bring

personal injury lawsuits other than medical professional

liability in venues within this Commonwealth; and be it further

RESOLVED, That the House of Representatives respectfully

petition the Supreme Court to examine the efficacy and justice

of applying the Supreme Court's 2002 rule on venue for cases of

alleged medical professional liability to all proceedings

alleging personal injury liability; and be it further

RESOLVED, That a copy of this resolution be transmitted to

the Honorable Ronald Castille, the Chief Justice of the

Pennsylvania Supreme Court and to every Justice of the Supreme

Court and to the Supreme Court's officers and administrators.