from the Order August 8, 2017 In the Court of Common Pleas of
Philadelphia County Civil Division at No(s): No. 1491 June
BEFORE: SHOGAN, J., LAZARUS, J., and DUBOW, J.
Anthony appeals from the trial court's order sustaining
Appellees', Parx Casino, Parx Casino and Racing, Park
Casino Design, Inc., Greenwood Gaming and Entertainment,
Inc., Greenwood Racing, Inc., Philadelphia Park Casino, and
Philadelphia Park Casino and Racetrack (collectively, Parx),
preliminary objections and transferring venue of the
underlying negligence action to Bucks County. After careful
review, we affirm.
the largest casino gaming complex in Pennsylvania, is located
at 2999 Street Road, Bensalem, Bucks County, Pennsylvania.
Parx is owned and operated by Greenwood Gaming and
Entertainment, Inc., a wholly-owned subsidiary of Greenwood G
& E Holding, Inc., which, in turn, is a wholly-owned
subsidiary of Greenwood Racing, Inc. Greenwood Racing, Inc.,
is also the parent company of multiple subsidiaries,
including City Turf Club Op Co., which operates as the Turf
Club in Philadelphia County. Neither Greenwood Gaming and
Entertainment, Inc., nor Greenwood Racing are involved in the
operation of the Turf Clubs.
14, 2017, Anthony filed a complaint in the Court of Common
Pleas of Philadelphia against Parx alleging that in October
2015 he sustained serious injuries while visiting the casino
when he "was caused to trip, slip, stumble and/or fall
by reason of a broken and defective walkway and curb"
that Parx negligently failed to maintain, inspect, and
repair. Anthony Complaint, 6/4/17, at ¶¶ 14-19. On
July 12 2017, Parx filed preliminary objections alleging
improper venue pursuant to Pa.R.C.P. 1006(e) (improper venue
raised by preliminary objection) and 2179 (venue for personal
injury actions). After Anthony filed several responses to
Parx's preliminary objections, the court entered an order
sustaining Parx's objections and ordering that the
litigation be transferred, at Anthony's cost, to the
Court of Common Pleas of Bucks County.
filed a timely notice of appeal and court-ordered Pa.R.A.P.
1925(b) concise statement of errors complained of on appeal.
He raises the following issues for our consideration:
(1) Under Pa.R.C.P. 2179(a)(2), can venue in a particular
county be established over a parent corporation based upon
the business activities of its subsidiary or sister
(2) Under Pa.R.C.P. 2179(a)(2), can venue in a particular
county be established based upon a corporation's efforts,
through financial investment and litigation, to open a casino
in that county?
Appellant's Brief, at 3-4.
scope and standard of review in venue transfer cases is
[A] trial court's decision to transfer venue will not be
disturbed absent an abuse of discretion. A [p]laintiff's
choice of forum is to be given great weight, and the burden
is on the party challenging the choice to show it was
improper. However, a plaintiff's choice of venue is not
absolute or unassailable. Indeed, if there exists any proper
basis for the trial court's decision to grant a petition
to transfer venue, the decision must stand.
Fritz v. Glen Mills Schools, 840 A.2d 1021, 1023
(Pa. Super. 2003) (citation omitted).
alleges that the trial court erred in transferring venue of
the case to Bucks County where venue properly lies in
Philadelphia based upon ...