J-A21034-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
DANIEL NIETZOLD, PATRICIA : IN THE SUPERIOR COURT OF
NIETZOLD : PENNSYLVANIA
:
Appellants :
:
:
v. :
:
: No. 3106 EDA 2017
OLYMPUS AMERICA INC.; OLYMPUS :
CORPORATION OF THE AMERICAS; :
OLYMPUS MEDICAL SYSTEM CORP.; :
AND CUSTOM ULTRASONICS, INC. :
Appeal from the Order Entered August 18, 2017
In the Court of Common Pleas of Philadelphia County Civil Division at
No(s): February Term 2016 No. 001031
BEFORE: PANELLA, J., OLSON, J., and McLAUGHLIN, J.
JUDGMENT ORDER BY McLAUGHLIN, J.: FILED MAY 13, 2019
Daniel Nietzold and Patricia Nietzold appeal from the order that granted
the preliminary objections of Olympus Medical System Corp. (OMSC) asserting
lack of personal jurisdiction. The Nietzolds also contend that the trial court
should not have granted the motion brought by other defendants – Olympus
America, Inc. (OAI), Olympus Corporation of the Americas (OCA) (collectively,
OA), and Custom Ultrasonics, Inc. (Custom) – for a forum non conveniens
dismissal.
We recently considered arguments and evidence materially identical to
those here, in Vaughan v. Olympus America, Inc., ___ A.3d ___, 2019 PA
Super 112 (filed April 10, 2019). We concluded in Vaughan that Pennsylvania
could exert specific jurisdiction over OMSC and that the forum non conveniens
J-A21034-18
dismissal was improper. We reach the identical conclusions here for the
reasons set forth in Vaughan.
Orders reversed; case remanded; jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 5/13/19
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