MBK’s Frank Brier and Fred Lokuta recently succeeded in obtaining judicial transfer of an alleged medical negligence case from Lackawanna County to Mifflin County. On forum non conveniens grounds, defendants argued that trial in Lackawanna County would be oppressive for them and their witnesses and that the sources of proof, parties, treatment, and claims have no connection with Lackawanna County.

The Court granted Defendants’ motion in a 25-page Memorandum and Order authored by the Honorable Terrence R. Nealon of the Lackawanna County Court of Common Pleas. The Plaintiffs’ chosen forum was more than 130 miles from the relevant medical treatment and evidence. The Court found that adjudication of the case under these circumstances was unduly burdensome for the medical providers and imposed considerable hardships on their professional and familial responsibilities. Judge Nealon held that Lackawanna County was an oppressive forum for the case and granted the Defendants’ motion seeking transfer of venue to the Court of Common Pleas of Mifflin County pursuant to Pa. R.Civ.P 1006(d)(1).

For more details: Memorandum and Order 6.5.26