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, VULAKOVICH, REICHLEY, CREIGHTON AND BEAR, NOVEMBER 10, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, DECEMBER 7, 2011   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

original jurisdiction and venue in courts of common pleas;

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

Consolidated Statutes is amended to read:

§ 931.  Original jurisdiction and venue.

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

sections 5101.1 (relating to venue in medical professional

liability actions) and 5101.2 (relating to venue in personal

injury actions against corporations and similar entities) and

Subchapter B of Chapter 85 (relating to actions against

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

concerning matters over which jurisdiction is conferred by this

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

the court shall extend beyond the territorial limits of the

judicial district to the extent prescribed by general rule.

Except as otherwise prescribed by general rule, in a proceeding

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

court shall extend throughout this Commonwealth.

Section 2.  Title 42 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 is domiciled.

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

cause of action arose.

(3)  The county where the 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 is domiciled or the

county where all or a predominant part of the cause of action

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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 all or a predominant part of 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 3.  This act shall apply to actions initiated on or

after the effective date of this section.

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