The state Superior Court has not been giving trial court judges the proper discretion to grant venue transfers when witnesses hail from distant counties, the state Supreme Court said in a decision examining a 17-year-old standard regarding forum non conveniens.

In the high court’s ruling in Bratic v. Rubendall, issued Monday, Justice J. Michael Eakin, who wrote the court’s majority opinion, said the Superior Court’s prior ruling in the case improperly overturned a trial court’s decision to move the case from Philadelphia to Dauphin County.

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