Bratic v. Rubendall (majority)
Annotate this CaseAppellants Residential Warranty Corporation, Integrity Underwriters, Charles Rubendall and Keefer, Wood, Allen & Rahal, LLP filed suit in Dauphin County against appellees Alexander Bratic and Joseph Proko. The Keefer firm represented Residential and Integrity in that lawsuit, which alleged tortious interference with a contractual relationship. The case ended when the trial court granted appellees' motion for summary judgment. Appellees then sued appellants in Philadelphia County, asserting wrongful use of civil proceedings and common-law abuse-of-process claims based on the earlier dismissed suit. Pursuant to Pa.R.C.P. 1006(d)(1), appellants petitioned to transfer the case to Dauphin County based on forum non conveniens, alleging the pertinent "witnesses and evidence are located in Dauphin County such that depositions and trial in Philadelphia County will be a hardship to the [appellants] and the witnesses upon whom [appellants] must rely." The Pennsylvania Supreme Court granted allowance of appeal to clarify the requirements for transfers based on forum non conveniens. Based on the facts in record of this case, the Court found the trial court's proper consideration of the totality of the evidence justified the order to transfer the case. "Trial courts are vested with considerable discretion when ruling on such a motion, and '[i]f there exists any proper basis for the trial court's decision to transfer venue, the decision must stand.'"
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