Pennsylvania Superior Court Rules That the Plaintiff in a Personal Injury Action is Allowed to File a Lawsuit in the Plaintiff’s Chosen Forum.

From the Pennsylvania Association for Justice News Brief of October 12, 2009:

The PA Association for Justice reported on the new Superior Court Opinion of Zappala v. The James Lewis Group (No. 313 EDA 2008).  This case involved the question of whether a forum non conveniens motion to transfer venue (the place of the trial) must be based upon evidence relating to the inconvenience of the plaintiff’s chosen forum, or may instead be based upon evidence that the plaintiff engaged in improper forum shopping.  In this case, a Superior Court panel reversed the order of the trial court transferring the case from Philadelphia County to Chester County determining that there was no evidence to support the trial court’s finding that the plaintiff engaged in improper forum shopping by including Philadelphia defendants in the lawsuit.  The Court pointed out that a plaintiff’s choice of forum should rarely be disturbed and that a plaintiff has the right to select the best forum to suit his/her needs unless the plaintiff manufactures venue by naming parties that are not proper defendants.

The determination as to the proper jurisdiction and venue for the filing of lawsuit is an important consideration when choosing a personal injury lawyer Reading Pa, and at Liever, Hyman & Potter, P.C., we have filed personal injury lawsuits in the courts of Berks County and the surrounding counties, as well as in federal court.  When you are considering how to choose a personal injury lawyer Reading Pa, the experienced attorneys at Liever, Hyman & Potter, P.C., are available to talk to you about your choice of court and all other legal issues concerning your case.

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