PRIOR PRINTER'S NO. 2727

PRINTER'S NO.  2808

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1976

Session of

2011

  

  

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

  

  

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, DECEMBER 5, 2011   

  

  

  

AN ACT

  

1

Amending Title 42 (Judiciary and Judicial Procedure) of the

2

Pennsylvania Consolidated Statutes, further providing for

<--

3

original jurisdiction and venue in courts of common pleas;

4

and providing for venue in personal injury actions against

5

corporations and similar entities.

6

The General Assembly of the Commonwealth of Pennsylvania

7

hereby enacts as follows:

8

Section 1.  Title 42 of the Pennsylvania Consolidated

<--

9

Statutes is amended by adding a section to read:

10

Section 1.  Section 931(c) of Title 42 of the Pennsylvania

<--

11

Consolidated Statutes is amended to read:

12

§ 931.  Original jurisdiction and venue.

13

* * *

14

(c)  Venue and process.--Except as provided by [section]

15

sections 5101.1 (relating to venue in medical professional

16

liability actions) and 5101.2 (relating to venue in personal

17

injury actions against corporations and similar entities) and

 


1

Subchapter B of Chapter 85 (relating to actions against

2

Commonwealth parties), the venue of a court of common pleas

3

concerning matters over which jurisdiction is conferred by this

4

section shall be as prescribed by general rule. The process of

5

the court shall extend beyond the territorial limits of the

6

judicial district to the extent prescribed by general rule.

7

Except as otherwise prescribed by general rule, in a proceeding

8

to enforce an order of a government agency the process of the

9

court shall extend throughout this Commonwealth.

10

Section 2.  Title 42 is amended by adding a section to read:  

11

§ 5101.2.  Venue in personal injury actions against corporations

12

and similar entities.

13

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

14

(relating to venue in medical professional liability actions)

15

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

16

action or proceeding against a corporation or similar entity to

17

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

18

in, and only in, one of the following:

19

(1)  The county where the plaintiff resides is domiciled.

<--

20

(2)  The county where all or a predominant part of the

<--

21

cause of action arose.

22

(3)  The county where the registered office or principal

<--

23

place of business of the corporation or similar entity is

24

located.

25

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

26

or joint and several liability against two or more corporations

27

or similar entities, which otherwise must be brought separately

28

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

29

brought in the county where the plaintiff resides is domiciled 

<--

30

or the county where the cause of action arose. The court, for

- 2 -

 


1

good cause, may transfer the action to a county where it might

2

have been brought against one or more of the defendants under

3

this section.

4

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

5

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

6

subsection:

7

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

8

private corporation, insurance association or exchange, joint

9

stock company or association, limited liability company,

10

professional association, business trust or any other

11

association which is regarded as an entity distinct from the

12

members composing the association, but does not include the

13

Commonwealth of Pennsylvania, a political subdivision, municipal

14

or other local authority, a partnership or an unincorporated

15

association.

16

"County where all or a predominant part of the cause of

<--

17

action arose."  The county where the act, omission, impact,

18

trauma or other contact alleged as the factual cause of the

19

injury or death occurred.

20

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

21

and witnesses and the efficiency and costs of litigation clearly

22

weigh in favor of a transfer.

23

Section 2 3.  This act shall apply to actions initiated on or

<--

24

after the effective date of this section.

25

Section 3 4.  This act shall take effect in 60 days.

<--

- 3 -