THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CUTLER, AUMENT, BAKER, BLOOM, BOYD, CLYMER, DENLINGER, GINGRICH, GODSHALL, GRELL, GROVE, HESS, HICKERNELL, KAMPF, KAUFFMAN, LAWRENCE, METCALFE, SAYLOR, SCHRODER, STERN, TALLMAN AND VULAKOVICH, NOVEMBER 10, 2011

REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 10, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for venue in

personal injury actions against corporations and similar

entities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 5101.2.  Venue in personal injury actions against corporations

and similar entities.

(a)  General rule.--Except as provided in section 5101.1

(relating to venue in medical professional liability actions)

and notwithstanding any law or rule to the contrary, a civil

action or proceeding against a corporation or similar entity to

recover damages for death or injury to a person may be brought

in, and only in, one of the following:

(1)  The county where the plaintiff resides.

(2)  The county where the cause of action arose.

(3)  The county where the registered office or principal

place of business of the corporation or similar entity is

located.

(b)  Multiple corporate defendants.--Actions to enforce joint

or joint and several liability against two or more corporations

or similar entities, which otherwise must be brought separately

in multiple counties as a result of this section, shall be

brought in the county where the plaintiff resides or the county

where the cause of action arose. The court, for good cause, may

transfer the action to a county where it might have been brought

against one or more of the defendants under this section.

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Corporation or similar entity."  Any public, quasi-public or

private corporation, insurance association or exchange, joint

stock company or association, limited liability company,

professional association, business trust or any other

association which is regarded as an entity distinct from the

members composing the association, but does not include the

Commonwealth of Pennsylvania, a political subdivision, municipal

or other local authority, a partnership or an unincorporated

association.

"County where the cause of action arose."  The county where

the act, omission, impact, trauma or other contact alleged as

the factual cause of the injury or death occurred.

"Good cause."  A finding that the convenience of the parties

and witnesses and the efficiency and costs of litigation clearly

weigh in favor of a transfer.

Section 2.  This act shall apply to actions initiated on or

after the effective date of this section.

Section 3.  This act shall take effect in 60 days.