Superior Court Limits Judicial Discretion on “Credible” Allegations of Venue

In this dental malpractice suit, the plaintiff claimed the defendant negligently performed a tooth implant procedure in Bucks County. The plaintiff filed suit in Philadelphia County on the grounds that the defendant operated a business at 5675 N. Front Street in Philadelphia. The defendant disputed venue in Philadelphia and produced an affidavit in which she denied ever performing dental services at that address. The plaintiff then filed an affidavit of service, claiming the defendant was served via a receptionist at an office at 8355 Loretto Street in Philadelphia. The lower court sustained the defendant’s preliminary objections on venue, finding there was no “credible” evidence that the defendant regularly conducted business in Philadelphia County as the defendant’s affidavit was unrebutted. The Superior Court reversed, holding, in part, that the lower court improperly placed the burden upon the plaintiff to disprove the affidavit. The impact of this holding is that it strengthens the already high burden on defendants to demonstrate improper venue with affirmative evidence, which plaintiffs have no burden to refute.