Okkerse v. Howe
| Decision Date | 15 March 1989 |
| Citation | 521 Pa. 509,556 A.2d 827 |
| Parties | Douglas J. OKKERSE and Lynn F. Okkerse, his wife, an incompetent, and Lauren Okkerse, a minor by Douglas J. Okkerse, her guardian, Appellees, v. Edward J. HOWE, III, Ford Motor Company, George Monroe Pfaumer, Arthur Eugene Pfaumer and Elizabeth C. Pfaumer, h/w, Lower Merion Township, Pa. Department of Transportation, Michael P. Erdman and Barbara Dubarry Erdman, h/w Russell Bement and Viola Bement, h/w, Louis K. Soladay, Robert Tucker, Dorothy H. Hall, Thomas C. Joyce and Nancelyn F. Joyce, h/w, George B. Lemon, Robert B. Wagner and Jean H. Wagner, h/w, William C. Pickett and Margaret R. Pickett, Albury N. Fleitas and Priscilla M. Fleitas, h/w Daniel Brainard Slack, Willig Howard, John Aronian, Joel Wasley and Virginia Denison. Appeal of George Monroe PFAUMER, Arthur Eugene Pfaumer and Elizabeth C. Pfaumer. Appeal of TOWNSHIP OF LOWER MERION. |
| Court | Pennsylvania Supreme Court |
Charles W. Craven, Margaret A. Wurzer, Philadelphia, and Victor Verbeke, West Conshohocken, for appellant.
Benjamin E. Zuckerman, Norristown, for Lower Merion Tp.
David R. Black, Media, for Doug, Lynn and Lauren Okkerse.
Larry E. Coben, and Joseph V. Pinto, Philadelphia, for Ford Motor Co.
Gordon W. Gerber and Edwin L. Scherlis, Philadelphia, for Michael and Barbara Erdman.
Louis K. Soladay, I.P.P.
James C. Stroud, Philadelphia, for Dorothy Hall and George Lemon.
William J. McKinley, Philadelphia, for William and Margaret Pickett.
Edward J. David, Philadelphia, for Daniel B. Slack.
Brian P. Sullivan, Plymouth Meeting, for John Aronian.
Donald J. Mathews, Jr. and Thomas P. Bracaglia, Philadelphia, for Virginia Denison.
Charles W. Craven and Margaret A. Wurzer, Philadelphia, for George, Arthur and Elizabeth Pfaumer.
John Salmon, Philadelphia, for Edward J. Howe.
Theodore J. Chylack, Norristown, for PennDOT.
Madeline M. Sherry, Philadelphia, for Russell and Viola Bement.
Robert Tucker, I.P.P., Pittsburgh.
Gerard J. St. John, Philadelphia, for Tom and Nancelyn Joyce.
James F. Zaccaria and Louis Pera, Philadelphia, for Albury and Priscilla Fleitas.
E. Paul Maschmeyer, Bryn Mawr, for Willig Howard.
Alan Jay Dion and Mary Carter Smith, Philadelphia, for Joel E. Wasley.
Robert H. Wagner, I.P.P.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and STOUT, JJ.
This appeal has evolved from a procedural morass and presents us with an opportunity to discuss the concept of forum non conveniens. The underlying facts of this case are as follows. On June 3, 1983, Lynn F. Okkerse was in a serious car accident which occurred at the intersection of New Gulph and Avon roads, located in Lower Merion Township, Montgomery County.
Suit was instituted on Mrs. Okkerse's behalf by her husband. 1 The Okkerse suit was filed in Philadelphia County against the following defendants: Edward J. Howe, III (the driver of the other car involved in the accident); the Ford Motor Company (the manufacturer of Mrs. Okkerse's car); George, Arthur, and Elizabeth Pfaumer (the owners of a property which was allegedly overgrown, thereby obscuring the entrance to the intersection); Lower Merion Township (the municipality which had the responsibility of exercising control over the intersection); the Pennsylvania Department of Transportation (the owner of the intersection where the accident occurred); Mr. and Mrs. Michael P. Erdman (social hosts who allegedly served alcoholic beverages to defendant Howe); and twenty-two individual property owners (who allegedly owned the road which led into the intersection). In the present appeal the significant parties are the plaintiffs and some of the property owners.
Although the situs of the accident was in Montgomery County the institution of suit in Philadelphia was permissible because two of the defendants, Ford Motor Company, and the Pennsylvania Department of Transportation, had business offices in Philadelphia. 2 Thus, there is no jurisdictional venue issue in this case, and the issue is solely one of forum non conveniens. In resolving this issue the following procedural history is germane.
On June 28, 1985, owner-defendants William C. and Margaret R. Pickett, filed preliminary objections in the nature of a demurrer to the Okkerse complaint. These objections were assigned to the Honorable Alfred J. DiBona, Jr., for disposition. On July 16, 1985, owner-defendants George, Arthur, and Elizabeth Pfaumer filed preliminary objections on behalf of themselves and three other owner-defendants, raising, inter alia, issues of improper venue and the inconvenience of the Philadelphia forum. These objections were also assigned to Judge DiBona.
Thereafter, on August 5, 1985, another owner-defendant, Virginia Denison, filed preliminary objections in which she sought to include a "Petition to Transfer Venue." 3 However, for some unexplained reasons these filings were not assigned to Judge DiBona: rather, they were assigned to the Honorable Thomas White.
On August 27, 1985, Judge DiBona ruled on the filings which were before him: he denied the request for demurrer filed by the Picketts; and he denied the request for dismissal on improper venue grounds filed by the Pfaumers without prejudice to the Pfaumers' rights to file a separate petition for a change of venue.
On September 17, 1985, the Pfaumers did file a "Petition Raising a Lack of Venue and Forum Non Conveniens" which was joined by the Township. This petition was also assigned to Judge DiBona.
Then, on September 30, 1985, prior to Judge DiBona's ruling on the Pfaumers' petition, Judge White, without taking any evidence, granted the portion of Ms. Denison's filing which sought to transfer the case on forum non conveniens grounds. 4
On October 7, 1985, 372 Pa.Super. 645, 534 A.2d 1123, Judge DiBona ruled on the Pfaumers' petition to transfer, and denied the request for a transfer. The Pfaumers requested reconsideration of this order, raising the fact of Judge White's order on the Denison "petition". This request for reconsideration was denied on November 4, 1985, and the Pfaumers filed a timely appeal to the Superior Court. 5
No. 88 E.D. Appeal Docket, 1988
Upon receiving the second appeal the Superior Court consolidated the two cases. The court held that the Pfaumers' appeal was interlocutory and thus not properly before the court. That appeal was then quashed. The Pfaumers now challenge that ruling on two grounds: that the Superior Court erred in its interpretation of the procedural rules, and that the trial court order on their petition was entered without that court having had jurisdiction.
Regarding the first challenge we conclude that the Superior Court's interpretation of the rules, the analysis applied was absolutely correct. Pennsylvania Rule of Appellate Procedure 311(c) permits appeals to be taken of right from orders changing venue. On the other hand, orders sustaining a plaintiff's choice of venue may only be appealed as of right where the party benefitting from the order files an election that the order shall be deemed final, or where the court states that a substantial issue of jurisdiction is presented. Pa.R.A.P. 311(b). As the Superior Court noted, neither of the latter situations existed in this case. As a consequence the Superior Court had no alternative but to find the Pfaumers' appeal interlocutory and to dismiss it.
In their second challenge appellants argue that Judge White's ruling on the Denison petition had the effect of transferring the entire action, and divested Judge DiBona of jurisdiction in this matter; therefore, it is contended, that Judge DiBona's decision was a nullity.
It is true that judges of coordinate jurisdictions sitting in the same court and in the same case should not overrule the decisions of each other. Marmara v. Rawle, 264 Pa.Super. 229, 238, 399 A.2d 750, 755 (1979). See Commonwealth v. Lagana, 510 Pa. 477, 509 A.2d 863 (1986). See also Yudacufski v. Commonwealth, Department of Transportation, 499 Pa. 605, 454 A.2d 923 (1982). We note, however, that this rule is not a matter of jurisdiction per se; rather it is a rule of sound jurisprudence based on the policy of fostering finality of pre-trial applications so that judicial economy and efficiency can be maintained. Commonwealth v. Griffin, 257 Pa.Super. 153, 157, 390 A.2d 758, 760 (1978). See Reifinger v. Holiday Inns, Inc., 315 Pa.Super. 147, 461 A.2d 839 (1983).
Judge DiBona's ruling in the Pfaumers' petition was contrary to this jurisprudential policy, and his interpretation of Judge White's order as applying only to the Denison petition was in error. 6 However, although we agree with the Pfaumers' position that Judge DiBona's order should not have been given effect, for the reasons stated in our discussion related to the appeal from Judge White's order 7 the Pfaumers are not entitled to their presently requested relief. (i.e. a transfer of venue pursuant to Judge White's order). Instead, this entire matter should be returned to the Court of Common Pleas for that court to now rule on the Pfaumers' petition.
The Superior Court then reviewed the Okkerses' appeal from Judge White's order granting a change of venue, and held that there was no record basis upon which to sustain Judge White's order. Hence, the court was compelled to vacate it. This holding was also correct.
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