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JONATHAN KORN v. MARVIN FIVES FOOD EQUIPMENT CORPORATION (04/23/87)

filed: April 23, 1987.

JONATHAN KORN, APPELLANT,
v.
MARVIN FIVES FOOD EQUIPMENT CORPORATION, CLEVELAND RANGE, INC., FOXCROFT SQUARE PAVILION, INC., T/A BENJAMIN FOX PAVILION A/K/A FOXCROFT SQUARE COMPANY AND NORMAN GOLDSTEIN, APPELLEES



Appeal from the Order of the Court of Common Pleas of Philadelphia County, Civil Trial Division, at No. 5595, March Term, 1986.

COUNSEL

Larry Glass, Philadelphia, for appellant.

Anne Matchulet, Philadelphia, for Marvin Fives, appellee.

Robert E. Hall, Philadelphia, for Cleveland, appellee.

McEwen, Montemuro and Roberts, JJ.

Author: Montemuro

[ 362 Pa. Super. Page 560]

Jonathan Korn, 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 filed his complaint in the Philadelphia Court of Common Pleas on March 26, 1986 against Marvin

[ 362 Pa. Super. Page 561]

Fives Food Equipment Corp., Cleveland Range, Inc. (hereinafter Cleveland Range), Foxcroft Square Pavilion, Inc., t/a Benjamin Fox Pavilion, a/k/a Foxcroft Square Company (hereinafter Foxcroft) and Norman Goldstein. Marvin Fives is a Pennsylvania corporation with its office in Philadelphia; Norman Goldstein is a Philadelphia resident; Foxcroft is a Pennsylvania corporation with its office in Jenkintown, Montgomery County and Cleveland Range, Inc., is an Ohio corporation doing business in Pennsylvania.

Plaintiff/appellant alleged in his complaint that Marvin Fives sold a food steamer, manufactured by Cleveland Range, to the Renaissance Restaurant located at the Foxcroft premises in Jenkintown, Montgomery County. Norman Goldstein, it is alleged, installed the steamer. On May 9, 1984, the steamer exploded and plaintiff/appellant, an employee at the restaurant, was seriously injured. Plaintiff/appellant's cause of action is founded on product liability.

On March 13, 1986, approximately two weeks before plaintiff/appellant filed his lawsuit in Philadelphia, a lawsuit was filed in the Court of Common Pleas of Montgomery County in connection with the same accident that is the subject matter of plaintiff/appellant's lawsuit in Philadelphia County. The plaintiffs in the Montgomery County action are: Gerald Nabit, Gary Nabit, Renaissance at the Pavilion, Inc., and Switchville Tavern, Inc., and the named defendants are: Marvin Fives Food Equipment Corp., Foxcroft Square Apartment, Inc.,*fn1 Foxcroft Square Pavilion, Inc., Foxcroft Square Company, a Partnership, Norman Goldstein and Cleveland Range Company, Inc. The plaintiffs in the Montgomery County case allege property damage as well as personal injuries arising out of the explosion of the food steamer at the Renaissance Restaurant.

Defendant/appellee, Cleveland Range, filed a motion to transfer under Pa.R.C.P. 1006(d)(1), requesting a transfer of the action to ...


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