Appellate Court Says Wrong Standard Applied in Transferring Case to Suburban Court

PHILADELPHIA - A Pennsylvania appellate court has vacated a Philadelphia trial court order transferring a lawsuit between homeowners and their insurer and HVAC contractor to a suburban trial court. Catagnus v. Allstate Insurance Co., et al., No. 407 EDA 2004 (Pa. Super. Ct.).

The appellate judges concluded that the trial court erred in weighing the convenience of the respective parties and witnesses, and should have limited its review to whether the plaintiff's chosen venue was vexatious or oppressive to defendants.

John and Mary Catagnus sued Allstate Insurance Co. and Hollywood Oil Co. in the Court of Common Pleas in …