| PRINTER'S NO. 1663 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No. | 283 | Session of 2013 |
INTRODUCED BY CUTLER, BLOOM, AUMENT, GINGRICH, SWANGER, DUNBAR, MACKENZIE, SAYLOR, KAUFFMAN, C. HARRIS, GROVE, FLECK, REESE, MURT, LAWRENCE, EVANKOVICH, HESS, MOUL, GILLEN, SIMMONS AND MILNE, MAY 1, 2013
REFERRED TO COMMITEE ON JUDICIARY, MAY 1, 2013
A RESOLUTION
1Urging the Pennsylvania Supreme Court to study the impact on
2certain entities caused by the Pennsylvania Rules of Civil
3Procedure that allow broad latitude to plaintiffs in the
4bringing of certain tort cases and to examine the efficacy
5and justice of expanding the Supreme Court's 2002 rule on
6venue for cases of alleged medical professional liability to
7all civil proceedings.
8WHEREAS, The Pennsylvania Supreme Court, pursuant to section
910(c) of Article V of the Constitution of Pennsylvania, has the
10power and the responsibility to make rules of civil procedure
11for the Unified Judicial System of Pennsylvania; and
12WHEREAS, The Supreme Court in 2002 responded to precipitous
13loss of medical insurance availability with amendments to the
14Pennsylvania Rules of Civil Procedure that made venue in cases
15of alleged medical professional liability more equitable and
16certain, and case outcomes therefore more predictable; and
17WHEREAS, The Supreme Court has documented annually since 2002
18that the number of civil litigation cases with a cause of action
19involving alleged medical professional liability filed in the
1County of Philadelphia has declined by more than 40%; and
2WHEREAS, National studies have repeatedly cited Pennsylvania
3and specifically the County of Philadelphia as examples for
4abuse of the Pennsylvania Rules of Civil Procedure providing for
5venue in civil cases; and
6WHEREAS, Expert witnesses have testified before the Judiciary
7Committee of the House of Representatives of the Commonwealth of
8Pennsylvania that Pennsylvania's venue rule for nonmedical
9personal injury civil cases differs widely from the norm in most
10other states and is a cause of concern for Pennsylvania's
11competitive economic position; and
12WHEREAS, Pennsylvania's venue rule for nonmedical personal
13injury cases results in a disproportional burden on citizens who
14are called to serve as jurors in litigation involving parties
15and events unrelated to their community, at a cost to citizens'
16time and resources and the resources of the forum jurisdiction;
17therefore be it
18RESOLVED, That the House of Representatives urge the
19Pennsylvania Supreme Court to study the impact on plaintiffs,
20defendants and the finances of the Commonwealth and its local
21governments caused by existing Pennsylvania Rules of Civil
22Procedure that allow broad latitude to plaintiffs to bring
23personal injury lawsuits other than medical professional
24liability in venues within this Commonwealth; and be it further
25RESOLVED, That the House of Representatives respectfully
26petition the Supreme Court to examine the efficacy and justice
27of applying the Supreme Court's 2002 rule on venue for cases of
28alleged medical professional liability to all proceedings
29alleging personal injury liability; and be it further
30RESOLVED, That a copy of this resolution be transmitted to
1the Honorable Ronald Castille, the Chief Justice of the
2Pennsylvania Supreme Court and to every Justice of the Supreme
3Court and to the Supreme Court's officers and administrators.