Tranter v. Z&D Tour, Inc.

Summary

This is a concurring opinion of the Supreme Court of Pennsylvania addressing the transfer of venue under the doctrine of forum non conveniens. Justice Mundy agrees that the trial court properly transferred the consolidated actions from Philadelphia County to Westmoreland County, but cautions that distance and the number of witnesses cannot alone establish oppressiveness. Justice McCaffery joins the concurrence.

Holdings

1. The Superior Court's key-witness requirement finds no support in Pennsylvania precedent and imposes an excessively high burden on defendants seeking transfer of venue.
2. The trial court did not abuse its discretion in transferring the actions from Philadelphia County to Westmoreland County because the record supplied a proper basis for finding Philadelphia oppressive rather than merely inconvenient to the defendants.

Questions Presented

1. Whether the Superior Court improperly required defendants seeking transfer on forum non conveniens grounds to identify a key witness whose testimony would be unavailable in the chosen forum.
2. Whether the Philadelphia County trial court abused its discretion by transferring the actions to Westmoreland County based on the totality of the circumstances, including witness burden, access to proof, and the possibility of viewing the accident scene.

Disposition

reversed