The Pennsylvania Superior Court tackled forum non conveniens in the context of a negligence action involving a child’s suit against his daycare relating to persistent abuse. The abuse happened at the defendants’ facility in Berks County. The trial was scheduled in Philadelphia. The defendants moved to transfer the matter to Berks County. They claimed that the daycare center would be unable to operate if all of the staff who were witnesses at trial had to travel to Philadelphia. The plaintiffs argued that their corporate witnesses were flying into Philadelphia and that additional travel to Berks County would be cumbersome. The trial court granted the motion. On appeal, the Superior Court held that the inconvenience to the defendants and their daycare was oppressive and affirmed the trial court.
