J-S34001-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
MICHAEL ALESSIO, IN THE SUPERIOR COURT
OF
PENNSYLVANIA
Appellant
v.
I-FLOW CORPORATION, A/K/A I-FLOW,
LLC, KIMBERLY-CLARK, A/K/A
KIMBERLY-CLARK CORPORATION, SETH
R. KRUM, D.O., PENNSYLVANIA
ORTHOPEDIC ASSOCIATES, INC.,
RICHARD STRULSON, M.D.,
Appellees No. 1469 EDA 2016
Appeal from the Order Entered April 5, 2016
in the Court of Common Pleas of Philadelphia County
Civil Division at No.: 04202 March Term, 2015
BEFORE: BOWES, J., SOLANO, J., and PLATT, J.*
DISSENTING STATEMENT BY PLATT, J.: FILED NOVEMBER 28, 2017
Because I believe that the trial court did not abuse its discretion with
respect to its decision to transfer venue, I respectfully dissent. I would affirm
the trial court’s order.
Our standard of review provides that “[i]f there exists any proper basis
for the trial court's decision to grant a petition to transfer venue, the decision
must stand.” Wentzel by Wentzel v. Cammarano, 166 A.3d 1265, 1268
(Pa. Super. 2017) (citation omitted).
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
J-S34001-17
Here, the trial court found that the operation where the I-Flow infusion
pump was installed in Appellant’s right shoulder occurred in Montgomery
County, as did all follow up care and use of the pain pump. (See Trial Court
Opinion, 12/16/16, at 3). It observed that the MCARE Act states that “a
medical professional liability action may be brought against a health care
provider for a medical professional liability claim only in the county in which
the cause of action arose.” (Id. at 2-3) (quoting 42 Pa.C.S.A. § 5101.1(b))
(case citation omitted). Finally, the trial court explained that it transferred
venue because “[t]he evidence produced during venue discovery established
that the core allegations of negligence and the injury to [Appellant] all
occurred in Montgomery County.” (Id. at 3).
Upon review, I would conclude that there existed a proper basis to
transfer venue. Therefore, I would affirm the order of the trial court.
Accordingly, I respectfully dissent.
-2-