Pickering v. Associated Realty Property Management, Inc.

Summary

The Pennsylvania Superior Court affirmed orders sustaining preliminary objections to venue and transferring a wrongful-death and product-defect action from Philadelphia County to Centre County. The court held that the trial court did not abuse its discretion in determining that Buchanan Company and Chute Source did not regularly conduct business in Philadelphia County under Pennsylvania Rule of Civil Procedure 2179(a)(2).

Holdings

1. The trial court did not abuse its discretion in determining that Buchanan Company did not regularly conduct business in Philadelphia County. In evaluating the quantity prong of Pennsylvania's quality-quantity test, the court could compare the company's eight Philadelphia sales with its national sales, rather than limiting the comparison to its Pennsylvania sales.
2. The trial court did not abuse its discretion in determining that Chute Source did not regularly conduct business in Philadelphia County. Eleven orders from a Philadelphia customer in a single year, without more, did not require reversal under the deferential abuse-of-discretion standard.
3. Pickering waived any claim that additional venue discovery or an evidentiary hearing was required because he did not raise that request in the trial court before the venue objections were decided.

Questions Presented

1. Whether Buchanan Company regularly conducted business in Philadelphia County under Pennsylvania Rule of Civil Procedure 2179(a)(2), making venue proper there.
2. Whether Chute Source regularly conducted business in Philadelphia County under Pennsylvania Rule of Civil Procedure 2179(a)(2), making venue proper there.
3. Whether the trial court abused its discretion or otherwise erred by deciding the venue objections without allowing additional venue discovery or an evidentiary hearing.

Disposition

affirmed