The opinion of the court was delivered by: MARSH
This case was brought in the Western District of Pennsylvania under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. The complaint was filed on November 16, 1981. The defendant's answer was filed on January 8, 1982.
The defendant filed a Motion to Transfer the case to the United States District Court for the Northern District of Ohio at Cleveland, Ohio, on February 24, 1982, for the convenience of the parties and witnesses and in the interest of justice pursuant to 28 U.S.C. § 1404(a).
An affidavit by the defendant's District Claim Agent, D. J. Summers, was attached in support of the Motion to Transfer Venue.
An evidentiary hearing was held on March 23, 1982.
The court makes the following:
On August 30, 1980, the plaintiff, a resident of Olmsted Falls, a suburb of Cleveland, Ohio, was an employee of the defendant railroad. Both were engaged in interstate commerce or work affecting interstate commerce.
On August 30, 1980, the plaintiff injured his right knee. The injury was caused by a loose step on a railroad caboose parked in Collinwood Yard in Cleveland, Ohio.
There were no witnesses to the accident.
The plaintiff was taken to Euclid General Hospital adjacent to the City of Cleveland. At the hospital he was examined by Dr. Mozia in the emergency room and x-rays were taken and read by Dr. Tarar.
Dr. Mozia in his emergency room report indicated a knee sprain.
The plaintiff retained the law firm of Gilardi & Cooper practicing in Pittsburgh, Pennsylvania, in the Western District of Pennsylvania and chose this district in which to bring this action.
Plaintiff's Pittsburgh counsel sent him to Dr. Durning in Pittsburgh. Dr. Durning directed plaintiff to take physical therapy. Plaintiff took physical therapy treatments at the Euclid Medical Foundation located next to the Euclid General Hospital under the ...