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COX v. FOOD FAIR STORES

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA


July 17, 1958

Maria COX and Herman Cox
v.
FOOD FAIR STORES, Inc.

The opinion of the court was delivered by: DUSEN

This is a tort action to recover damages for injuries sustained by Maria Cox, plaintiff, a resident of Baltimore, Maryland, alleged to have been caused by the negligence of one of defendant's agents, servants or employees in striking said plaintiff with a hand truck while she was shopping in one of defendant's Super Markets in Baltimore, Maryland. *fn1"

The defendant has filed a Motion to Transfer (Document No. 7 in Clerk's File) the action to the District Court of Maryland for the convenience of the parties and witnesses and in the interest of justice under 28 U.S.C.A. ยง 1404(a). Plaintiffs opposed the motion on the ground that the plaintiffs' choice of forum should be given great weight, citing Gulf Oil Corp. v. Gilbert, 1947, 330 U.S. 501, 508, 67 S. Ct. 839, 91 L. Ed. 1055 and because defendant has processed this claim thru its main office in Philadelphia.

 Defendant is entitled to have its Motion to Transfer granted. *fn2" The District Judge's discretion in applying the Statute at issue is broader than under the doctrine of forum non conveniens, *fn3" and the policy of this judicial district has been to exercise said discretion when the Motion to Transfer is supported by facts such as those in this record. *fn4"

 The following facts, among others, appear on this record and support the defendant's Motion:

 (a). The residence of both plaintiffs is Baltimore, Maryland.

 (b). Defendant is doing business and is subject to process within the District of Maryland. *fn5"

 (c). All witnesses presently known to either party reside in or near the City of Baltimore. *fn6"

 (d). The case will be reached much more rapidly in the District of Maryland due to a less crowded docket. *fn7"

 (e). The injury on which suit is being brought allegedly occurred in a store in Baltimore which is more readily available to the jury if a viewing of the premises becomes desirable.

 (f). The law of Maryland is applicable and the Judges of the Maryland District Court are more familiar with that law than the Judges of this Court.


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