J-A21035-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
SUSAN MCINTYRE AND CHARLES : IN THE SUPERIOR COURT OF
MCINTYRE : PENNSYLVANIA
:
Appellants :
:
:
v. :
:
: No. 3143 EDA 2017
OLYMPUS AMERICA, INC.; OLYMPUS :
CORPORATION OF THE AMERICAS; :
OLYMPUS MEDICAL SYSTEM :
CORPORATION; AND CUSTOM :
ULTRASONICS, INC. :
Appeal from the Order Dated August 18, 2017
In the Court of Common Pleas of Philadelphia County Civil Division at
No(s): February Term, 2016 No. 001032
BEFORE: PANELLA, J., OLSON, J., and McLAUGHLIN, J.
JUDGMENT ORDER BY McLAUGHLIN, J.: FILED MAY 13, 2019
Susan McIntyre and Charles McIntyre appeal from the order that
granted the preliminary objections of Olympus Medical System Corp. (OMSC)
asserting lack of personal jurisdiction. The McIntyres 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
J-A21035-18
could exert specific jurisdiction over OMSC and that the forum non conveniens
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
-2-