Marya Callais, a citizen of Florida, was walking one day near a busy street in Tallahassee, Florida, when a large crate flew off a passing truck and hit her, resulting in numerous injuries. She incurred a great deal of pain and suffering, plus significant medical expenses, and she could not work for six months. She wants to sue the trucking firm for $300,000 in damages. The trucking firm’s headquarters are in Georgia, although the the company does business in Florida. In what courts might Callais bring suit – a Florida state court, a Georgia state court, or a federal court? What factors might influence her decision?
Incoming search terms for the article:
- marya callais a citizen of florida was walking
- marya callais a citizen of florida was walking along a busy street in tallahassee when a large crate flew off a passing truck and hit her causing numerous injuries to callais she incurred great deal of pain and suffering plus significant medical expenses
- in what court might callais bring suit
- marya callais
- marya callais a citizen of florida
- she incurred a great deal of pain and suffering plus significant medical expenses
- marya callais a citizen of florida was walking along a busy street in tallahassee florida when a large crate flew off a passing truck and hit her causing numerous injuries she experienced a great deal of pain and suffering incurred significant medical exp
- marya callais a citizen of florida ? was walking along a busy street in tallahassee when a large crate flew off a passing truck and hit her causing numerous injuries to callais she incurred a great deal of pain and suffering plus significant medical expen
- 2-3 jurisdiction marya callais
- in what court may callais bring suit- a florida state court a georgia state court or a federal court?
A suit lies where a cause of action has arisen. In this particular case, the injury is caused in Florida, so the courts at Florida has the exclusive jurisdiction over the matter. Thanks.
Either Florida or Georgia state court. The accident happened in Florida making Florida a viable state for legal venue. Georgia is the home office which also is liable.
Florida would be her best bet due to travel requirements and the ease of communication with her attorneys. But, if Georgia has more attractive laws for this civil action that would be to her advantage.
We are all aware of the 10 points and don’t need reminders on all your questions.
the biggest factor would be the advice from her personal injury attorney.
you clearly dont have any idea of the question you are asking, but here goes.
a truck is a man made machine, therefore the owner of the truck, ..Then you mention a trucking company, company is involved, now its no longer a truck, its a motor vehicle., doesn’t make a difference what kind, all law suits originate in the local where the accident happen. Whether it be municipal, county, or state.
A plaintiff must bring suit where she can get personal jurisdiction over the defendant. In this instance, the trucking company is a Georgia resident, but since it committed a tort in Florida, it can be sued in either state. Additionally, since Marya is a Florida resident and the trucking company is a Georgia resident, there exists a situation called diversity of citizenship which will allow Marya to file in Federal court since the amount in dispute is over $75,000, which is the statutory minimum for a diversity suit. Additionally, if the trucking company is incorporated in yet another state, besides the state in which its headquarters is located, Marya could also file her suit there and get jurisdiction over the trucking company.