Legal Opinion · Concurrence

Masel v. Glassman

Superior Court of Pennsylvania

Decided February 13, 1997Published

1ConcurrenceCavanagh, Judge

I join in the majority opinion and agree that it conforms with the Pennsylvania Rules of Civil Procedure and the decided cases. Martin v. Gerner, 332 Pa.Super. 507, 481 A.2d 903 (1984); Anderson v. Uva, 230 Pa.Super. 533, 326 A.2d 430 (1974). I write separately to express my disagreement with the law as it stands.

It is important to observe that this is a case involving improper venue and not the doctrine of forum non conve-niens. I believe the controlling rules which permit a court in an improper venue to pick the litigant’s forum for him, improperly impede upon the admirable policy in…

2Cases cited6 opinions

  1. Plum v. Tampax, Inc.Supreme Court of Pennsylvania · 1960
  2. Walker v. Ohio River Co.Supreme Court of Pennsylvania · 1964
  3. Shears v. RigleySuperior Court of Pennsylvania · 1993
  4. Scola v. AC & S, INC.Supreme Court of Pennsylvania · 1995
  5. Martin v. GernerSupreme Court of Pennsylvania · 1984

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