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papsbella

Junior Member
What is the name of your state (only U.S. law)? WV X a west Virginia resident ,has a car accident with Y ,A New Jersey resident , in Florida .X suffers bodily and other injuries in excess of $100,000 . Which Court(s)can X sue in ?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? WV X a west Virginia resident ,has a car accident with Y ,ANew Jersey resident , in Florida .X suffersbodily and other injuries in excess of $100,000 . Which Court(s)can X sue in ?
*** New Jersey.



X's insurance pays X's BI claims.
 

ecmst12

Senior Member
Wrong, Florida would have jursdiction because that is where the accident occurred.

However, we don't do homework.
 

Banned_Princess

Senior Member
Wrong, Florida would have jursdiction because that is where the accident occurred.

However, we don't do homework.
Oh man! that was totally my first answer, but then I thought back to the guy who had cows, and a city slicker hit one, and the farmer had to go to drivers home county to sue him. because of a test of some sort....


I should have stuck with the answer I knew first!!


lol. Good day Ecmst :)
 

BOR

Senior Member
What is the name of your state (only U.S. law)? WV X a west Virginia resident ,has a car accident with Y ,A New Jersey resident , in Florida .X suffers bodily and other injuries in excess of $100,000 . Which Court(s)can X sue in ?
Venue is based on the rules of civil procedure, when a "choice of law"/"conflict of law" arises, the courts look to which juridsidction has the most interest in it if challenged. You may find the home state of the plaintiff OR the home state of the defendant will be sufficient to sue in.

If it a Diversity action for at least $75,000.00 in damages, then it can be filed in Federal Court.

The Rules give the Plaintiff the option of where to sue, and they generally list the home state of either party as a possible venue.

The COA did occur in FL, so that is always an option, but with both being northern residents why would FL be chosen?
 

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