Bill Text: PA HB1976 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 26-0)

Status: (Introduced - Dead) 2012-05-23 - Laid on the table [HB1976 Detail]

Download: Pennsylvania-2011-HB1976-Introduced.html

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PRINTER'S NO. 2727
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1976 Session of2011
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
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after the effective date of this section.
Section 3. This act shall take effect in 60 days.
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