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  #1  
Old 11-05-2003, 03:02 AM
Member
 
Join Date: Nov 2003
Location: Chicago area
Posts: 41

Transfer a pi case?


I am asking for a friend:

She was injured in WI. but lives in IL. Can she file the personal injury claim in WI courts and then have it transfered to IL or does it have to be tried or settled in WI.
I believe it would have to stay and be tried under WI laws but she is under the impression the case can be transfered to IL and then be under IL rules. Which is correct? And since she was injured in WI that is where it DOES have to be filed right?
Your help would be greatly appreciated again! (at least help me win the 5 bucks I bet her on this )

P.s. what kind of question do I need to ask to get one of those great top ten reason list??
  #2  
Old 11-05-2003, 10:40 AM
Thomas234
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Generally a case will be filed and tried either where the event occurred, or where the defense resides. However cases move from one jurisdiction to another all the time, it’s called change of venue. You can certainly file the case in Cook County, but the judge may order it sent back to Wisconsin, or the defense may argue that the case has no basis to be in Illinois. In either event, your attorney will need to make a convincing argument as to why it should be in Illinois.

I don’t know the particulars or your situation, but here is one example of a situation similar to that which you describe.


MOTOR VEHICLE ACCIDENT
A young man and several of his friends from Illinois traveled to Wisconsin to visit an amusement park. He was killed on the way home when a drunken friend rear-ended his motorcycle. The offending driver had been served alcohol at the amusement park to the point where he was clearly intoxicated. It was successfully argued that the amusement park, although immune from similar prosecution in Wisconsin, was responsible under Illinois law because it advertises to the Illinois market.

A confidential settlement was reached with King Richard's Faire in the maximum amount allowed by the insurance policies.
  #3  
Old 11-05-2003, 07:15 PM
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Join Date: Nov 2003
Location: Chicago area
Posts: 41
Darn! I just lost... Thanks for the info..... I appreciate it...
  #4  
Old 11-05-2003, 07:27 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Transfer a pi case?


[quote]Originally posted by Idrivetrains

P.s. what kind of question do I need to ask to get one of those great top ten reason list??


==================================


My response:

Thank you for your compliment concerning my Top Ten Lists. I'm sure you've had fun reading some of the many Lists I've written, just as much as I have had writing them.

Unfortunately for you, your post wasn't "goofy". As a matter of fact, your post was extremely "smart" in asking a terrific question about States' Rights and Jurisdiction (You didn't realize that did you?).

Write a goofy post, and I might be able to come up with something for you.

IAAL
  #5  
Old 11-06-2003, 03:01 AM
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Join Date: Nov 2003
Location: Chicago area
Posts: 41
Your very welcome..... and thank you for the compliment.
I enjoy reading your replies. I bet with your quick wit you must be a 'hoot" to have around.
I guess Ima gonna hava get to one of dem dar trailer parks and hang for a whilst sos i kern raise my eyesq ans asks one of dem impotent questions...
  #6  
Old 11-06-2003, 08:14 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
[quote]Originally posted by Idrivetrains


I bet with your quick wit you must be a 'hoot" to have around.

=====================================


My response:

Yes, sometimes. But, most times, they take me by the collar and the back of my pants, and throw me out!

IAAL
  #7  
Old 11-11-2003, 03:37 PM
hmmbrdzz
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Posts: n/a
[quote]Originally posted by I AM ALWAYS LIABLE
Quote:
Originally posted by Idrivetrains


I bet with your quick wit you must be a 'hoot" to have around.

=====================================


My response:

Yes, sometimes. But, most times, they take me by the collar and the back of my pants, and throw me out!

IAAL
=====================================

I've just been reading here and yonder for the last 30 min or so for the first time in many months, and it's definitely been good to see the laughs again!

hmmbrdzz
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