Appeal from the Order of the Court of Common Pleas of Philadelphia County, Civil Division, April Term, 1985, No. 3956.
Jay R. Levenberg, Cheltenham, for appellant.
Michael Smith, Philadelphia, for Suburban General, appellee.
Felice M. Quigley, Philadelphia, for Driscoll, Bath, Striar and Shoemaker, appellees.
Cirillo, President Judge, and Montemuro and Johnson, JJ.
[ 363 Pa. Super. Page 279]
Satterlee Petty, plaintiff/appellant, takes this appeal from the Order transferring his cause of action from Philadelphia to Montgomery County on the ground of forum non conveniens.
Plaintiff/appellant alleged in his complaint that on or about April 25, 1983, while he was engaged in his occupation as an engineer, he suddenly became dizzy, lost his visual focus and fell down an embankment. An ambulance crew took him to the defendant/appellee, Suburban General Hospital, where he came under the care of the other defendants/appellees.
On April 18, 1985, plaintiff/appellant filed a civil complaint in the Court of Common Pleas of Philadelphia against all the defendants/appellees. The thrust of his complaint alleges that he agreed to the surgical implant of a pacemaker only because he was falsely advised that the implant was necessary to save his life and further that the defendants/appellees falsely led him to believe that the decision to perform the implant surgery was arrived at after consultation with his personal physician. Plaintiff/appellant also averred that the pacemaker was implanted on a permanent basis, thereby rendering its removal extremely dangerous or hazardous. He requested compensatory damages for the alleged medical malpractice of all defendants/appellees. On the basis of uninformed consent, he also asked for both compensatory and punitive damages arising out of the alleged unlawful assault and battery upon his person.
Appellee/defendant, Suburban General Hospital, filed a motion under Pa.R.C.P. 1006(d)(1) requesting a transfer of the action to Montgomery County for the convenience of the parties and witnesses. Subsequently, defendants/appellees, Internal Medical Associates and Doctors Sesso, Fornace, and Driscoll joined in the motion to transfer.*fn1 The
[ 363 Pa. Super. Page 280]
motion was granted and the action was transferred as requested. This appeal followed.
Plaintiff/appellant has presented only one claim for our review. He claims that because defendants/appellees presented no evidence upon which the trial court could have concluded that the parties and witnesses would be inconvenienced if the action remained in Philadelphia, the order transferring the action to ...