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Purcell v. Bryn Mawr Hosp.

Purcell v. Bryn Mawr Hosp.

Supreme Court of Pennsylvania

April 2, 1990, Argued ; August 9, 1990, Decided

No. 107 Eastern District Appeal Docket 1989

Opinion

 [*240]   [**1283]  OPINION OF THE COURT

We are asked in this appeal to interpret Rule 2179 of our Rules of Civil Procedure dealing with venue in a suit against a corporation. The Rule states:

Rule 2179. Venue

 [***2]  (a) Except as otherwise provided by an Act of Assembly or by subdivision (b) of this rule, a personal action against a corporation or similar entity may be brought in and only in

(1) the county where its registered office or principal place of business is located;

(2) a county where it regularly conducts business;

(3) the county where the cause of action arose; or

(4) a county where a transaction or occurrence took place out of which the cause of action arose.

 [*241]  Bryn Mawr Hospital (one of the Appellants) is located in Montgomery County, and the Purcells (Appellees) reside in Chester County. In 1985, the Purcells brought suit in Philadelphia County charging Bryn Mawr and the doctors and nurse (Appellants) with negligence in the death of their infant daughter. Bryn Mawr filed preliminary objections to venue in Philadelphia County. The trial court dismissed the objections on the grounds that venue was proper in Philadelphia County under 2179(a)(2) concluding that Bryn Mawr regularly conducts business there. 1 That court found that the hospital satisfied the requirements for venue on the basis of the following activities:

(a) has contractual affiliations with residency  [***3]  programs of teaching hospitals in Philadelphia, which include Thomas Jefferson  [**1284]  University Hospital, Hospital of the University of Pennsylvania, and Temple University Hospital;

(b) recruits and employs medical residents from the aforementioned Philadelphia teaching hospitals for the performance of services to patients of Bryn Mawr Hospital in Montgomery County;

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525 Pa. 237 *; 579 A.2d 1282 **; 1990 Pa. LEXIS 149 ***

Joan S. PURCELL and James J. Purcell, Administrators of the Estate of Lindsay Hunter Purcell, Deceased, v. BRYN MAWR HOSPITAL, Marion L. Brown, D.O., Frank J. Manfrey, D.O., and Claudia Brown, R.N. Appeal of BRYN MAWR HOSPITAL

Subsequent History:  [***1]  As Amended October 17, 1990.

Prior History: Appeal from the Order of the Superior Court Dated November 23, 1988 at No. 2821 Philadelphia, 1986, Affirming the Decision of the Court of Common Pleas of Philadelphia County, Civil Division, at No. 3608 September Term, 1985 Entered on 1/26/87 379 Pa. Superior Ct. 626 550 A.2d 1320 (1988).

CORE TERMS

venue, cause of action, regularly, contacts, substantial relation, conducting business, do business, incidental, patients, advertisements, teaching, cases

Civil Procedure, Preliminary Considerations, Venue, Corporations, General Overview, Multiparty Litigation, In Rem & Personal Jurisdiction, In Personam Actions, Appeals, Standards of Review, Abuse of Discretion, Subject Matter Jurisdiction, Jurisdiction Over Actions, Motions to Transfer, Choice of Forum, Governments, Local Governments, Claims By & Against