Goodman v. Fonslick
Decision Date | 26 January 2004 |
Citation | 2004 Pa. Super. 18,844 A.2d 1252 |
Parties | Robin GOODMAN and Jay Goodman, Appellant, v. Janee FONSLICK, M.D., Abington Obstetricial & Gynecology Associates, Inc. and Abington Memorial Hospital, Appellee. |
Court | Pennsylvania Superior Court |
Alan Starker, Philadelphia, for appellants.
Kim Kocher, Philadelphia, for Abington Memorial, appellee.
¶ 1 Appellants Robin and Jay Goodman appeal the Order entered July 29, 2002, sustaining Appellees' preliminary objections to improper venue and transferring venue from Philadelphia County to Montgomery County. We affirm.
¶ 2 Appellants commenced a personal injury action alleging professional malpractice by Appellees Abington Memorial Hospital (Hospital) and Janee Fonslick, M.D. in connection with the birth of Appellants' child. All of the events giving rise to this litigation transpired in Montgomery County. Appellee Hospital's principal place of business is in Montgomery County; Appellants reside in Montgomery County; and Appellee Fonslick's office is in Montgomery County.2 Appellants filed the action in Philadelphia County, but Appellees objected to venue. The trial court sustained the objection and transferred venue to Montgomery County. This appeal followed.
¶ 3 Appellants raise two questions on appeal. First, they ask whether the trial court abused its discretion in finding that the quality and quantity of Appellee Hospital's contacts with Philadelphia County were insufficient to satisfy Pa.R.C.P. Rule 2179(A)(2). This Court recently addressed this issue in Krosnowski v. Ward, 2003 PA Super. 414, 836 A.2d 143 (Pa.Super.2003) (en banc), which also involved Appellee Hospital. We found that Philadelphia did not qualify as a proper venue given the hospital's insufficient business contacts with the county.
¶ 4 Our standard of review in venue cases is well settled. "A decision to transfer venue will not be reversed unless the trial court abused its discretion." Id. at ¶ 4 (citation omitted). The plaintiff's choice of forum is given great weight and the challenging party has the burden of proving that choice is improper. See Id. "However, if there exists any proper basis for the trial court's decision to grant the petition to transfer venue, the decision must stand." Id. (citation and internal quotations omitted).
¶ 5 Pa.R.C.P. 1006 provides, in pertinent part:
¶ 6 Rule 2179 also applies because Appellee Hospital is a corporation. The Rule provides as follows:
¶ 7 Under the applicable version of Rule 1006, a cause of action against Appellee Hospital may be brought in any venue where the hospital has sufficient business contacts to compel it to defend itself. See Krosnowski, supra at ¶ 5 (citation omitted). These business contacts should be evaluated based on their "quality" and "quantity," and each case must rest on its own facts. Id. (citations omitted). Id. (citation and internal quotations omitted). "For corporate acts, those in aid of a main purpose are collateral and incidental, while those necessary to its existence are direct." Id. (citation and internal quotations omitted).
¶ 8 In Krosnowski, the appellant attempted to establish sufficient business contacts between Abington Memorial Hospital and Philadelphia County by citing Abington's affiliation with Children's Hospital of Philadelphia (the "CHOP" Connection); its affiliation with Philadelphia County medical schools; its advertisement as a Philadelphia healthcare provider; its prior filing of civil claims in the Philadelphia County Court of Common Pleas; and the fact that this very issue has been decided against Abington in the past. See Krosnowski, supra at ¶ 7.
¶ 9 Here, Appellants first argue that Appellee Hospital's practice of advertising in telephone books, newspapers, television and on the internet as a "health care center serving people in ... Philadelphia Count[y]" establishes the requisite contacts to support a Philadelphia County venue. This argument fails as our Supreme Court has held that advertisements in a Philadelphia telephone book and newspaper are insufficient to establish venue in Philadelphia County. Id. at ¶ 15 (citing Purcell v. Bryn Mawr Hospital, 525 Pa. 237, 579 A.2d 1282 (1990)). Advertisements appearing on a website are regarded the same way. Id. (citing Kubik v. Route 252, Inc., 762 A.2d 1119 (Pa.Super.2000)).
¶ 10 Next, Appellants contend that Appellee Hospital's limited ownership of two small Philadelphia County physician practices amounts to the regular operation of business there. The mere fact that these physicians' offices are located in Philadelphia does not constitute sufficient business contacts to support venue. There is no evidence that the two groups, totaling six to eight physicians, are clinics or branch offices of Appellee Hospital. All treatment for referrals is conducted at the Montgomery County facility, patients of the hospital cannot seek hospital care at the groups' offices, and there is no ambulance service to these offices. Thus, it is apparent that Appellee Hospital's relationship with these small Philadelphia County practice groups is incidental to its main goal of providing hospital care in Montgomery County.
¶ 11 Appellants further cite Appellee Hospital's contractual relationship with the Children's Hospital of Philadelphia (the "CHOP Connection") and with Temple University (the "Temple Affiliation") as evidence that Appellee regularly conducts business in Philadelphia County.
¶ 12 The CHOP Connection includes CHOP physicians who administer full health services to pediatric patients at Appellee Hospital's Montgomery County facility. After considering the same CHOP Connection, the Krosnowski Court held that it is collateral and incidental; it does not further Appellee Hospital's corporate purpose because ...
To continue reading
Request your trial-
Zampana-Barry v. Donaghue
...9/14/05, at 25-26. Representing clients is precisely what Appellants do in Philadelphia. ¶ 13 Appellants rely upon Goodman v. Fonslick, 844 A.2d 1252, 1253 (Pa.Super.2004).4 In that case, we affirmed a trial court's transfer of a case to Montgomery County where the plaintiffs had instituted......
-
Kisak v. Wheeling Park Com'n
...choice of forum is given great weight, the moving party has the burden of proving that the original forum is improper. Goodman v. Fonslick, 2004 Pa.Super. 18, ¶ 4, 844 A.2d 1252 Singley v. Flier, 851 A.2d 200, 201 (Pa.Super.2004). ¶ 5 The Kisaks assert that venue is proper in Allegheny Coun......
-
Singley v. Flier
...choice of forum is given great weight, the moving party has the burden of proving that the original forum is improper. Goodman v. Fonslick, 2004 Pa.Super. 18, ¶ 4, 844 A.2d 1252 ¶ 5 Pennsylvania Rule of Civil Procedure 2179 provides that a personal action may be brought against a corporatio......