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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY CUTLER, JUNE 27, 2012 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JUNE 27, 2012 |
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| A RESOLUTION |
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1 | Urging the Pennsylvania Supreme Court to study the impact on |
2 | certain entities caused by the Pennsylvania Rules of Civil |
3 | Procedure that allow broad latitude to plaintiffs in the |
4 | bringing of certain tort cases and to examine the efficacy |
5 | and justice of expanding the Supreme Court's 2002 rule on |
6 | venue for cases of alleged medical professional liability to |
7 | all civil proceedings. |
8 | WHEREAS, The Pennsylvania Supreme Court, pursuant to section |
9 | 10(c) of Article V of the Constitution of Pennsylvania, has the |
10 | power and the responsibility to make rules of civil procedure |
11 | for the Unified Judicial System of Pennsylvania; and |
12 | WHEREAS, The Supreme Court in 2002 responded to precipitous |
13 | loss of medical insurance availability with amendments to the |
14 | Pennsylvania Rules of Civil Procedure that made venue in cases |
15 | of alleged medical professional liability more equitable and |
16 | certain, and case outcomes therefore more predictable; and |
17 | WHEREAS, The Supreme Court has documented annually since 2002 |
18 | that the number of civil litigation cases with a cause of action |
19 | involving alleged medical professional liability filed in the |
20 | County of Philadelphia has declined by more than 40%; and |
21 | WHEREAS, National studies have repeatedly cited Pennsylvania |
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1 | and specifically the County of Philadelphia as examples for |
2 | abuse of the Pennsylvania Rules of Civil Procedure providing for |
3 | venue in civil cases; and |
4 | WHEREAS, Expert witnesses have testified before the Judiciary |
5 | Committee of the House of Representatives of the Commonwealth of |
6 | Pennsylvania that Pennsylvania's venue rule for nonmedical |
7 | personal injury civil cases differs widely from the norm in most |
8 | other states and is a cause of concern for Pennsylvania's |
9 | competitive economic position; and |
10 | WHEREAS, Pennsylvania's venue rule for nonmedical personal |
11 | injury cases results in a disproportional burden on citizens who |
12 | are called to serve as jurors in litigation involving parties |
13 | and events unrelated to their community, at a cost to citizens' |
14 | time and resources and the resources of the forum jurisdiction; |
15 | therefore be it |
16 | RESOLVED, That the House of Representatives urge the |
17 | Pennsylvania Supreme Court to study the impact on plaintiffs, |
18 | defendants and the finances of the Commonwealth and its local |
19 | governments caused by existing Pennsylvania Rules of Civil |
20 | Procedure that allow broad latitude to plaintiffs to bring |
21 | personal injury lawsuits other than medical professional |
22 | liability in venues within this Commonwealth; and be it further |
23 | RESOLVED, That the House of Representatives respectfully |
24 | petition the Supreme Court to examine the efficacy and justice |
25 | of applying the Supreme Court's 2002 rule on venue for cases of |
26 | alleged medical professional liability to all proceedings |
27 | alleging personal injury liability; and be it further |
28 | RESOLVED, That a copy of this resolution be transmitted to |
29 | the Honorable Ronald Castille, the Chief Justice of the |
30 | Pennsylvania Supreme Court and to every Justice of the Supreme |
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1 | Court and to the Supreme Court's officers and administrators. |
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