It also appears that plaintiff's counsel are located in Philadelphia and that he has chosen as his chief medical witness Dr. Herbert Kean who is associated with Thomas Jefferson University Medical School in Philadelphia.
A plaintiff's choice of forum is entitled to great weight and defendant has a heavy burden of showing a strong balance of inconvenience. Clendenin v. United Fruit Co., Inc., 214 F. Supp. 137 (E.D. Pa. 1963). We conclude that the facts of the instant case do not demonstrate that defendant will be inconvenienced by having to defend the action in this District to an extent sufficient to warrant a denial of plaintiff's choice of forum.
In support of its motion defendant alleges that a number of witnesses reside or maintain offices in the Pittsburgh area. Four of these witnesses are physicians who have examined plaintiff. Defendant does not allege, however, that it intends to call all of these witnesses, much less that their testimony will be more than merely cumulative. Nor is there any indication that any of these witnesses will be unable to testify if the trial is held here.
Plaintiff's other witnesses are railroad employees who will testify to such matters as plaintiff's job requirements and capabilities, his wages and hours and hearing requirements and working conditions in the Pittsburgh area. These appear to be facts to which the parties can stipulate or at least present in deposition form. However, should defendant desire to have these witnesses testify in person, as they are railroad personnel, the railroad should be able to transport them here without a great deal of difficulty.
Finally, we attach little significance to the fact that plaintiff resides in Pittsburgh, as the question of whether he will be inconvenienced by litigating his claim here is not relevant to defendant's motion. Likewise we give little weight to defendant's claim that the cause of action arose in the Western District of Pennsylvania. That factor is not important under the facts of this case.
Accordingly defendant's motion for a change of venue will be denied.
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