Tuesday, May 25, 2010

Eve is walking to work along a sidewalk next to a road. A National Distribution Company (NDC) truck strikes ..

Eve is walking to work along a sidewalk next to a road. A National Distribution Company (NDC) truck strikes and injures Eve, causing her injuries that result in more than $100,000 in medical expenses. Eve is a resident of California, where the accident occurred. NDC has its principal place of business, and is incorporated, in New York. In what court(s) may Eve sue NDC?
Eve is walking to work along a sidewalk next to a road. A National Distribution Company (NDC) truck strikes ..
She sues in California courts...NDC has to come defend themselves in Ca. courts.
Reply:Presumably, NDC has a license to do business in California, and therefore is subject to California law. In any case, that doesn't make any difference in which court the case is heard.





Eve would sue NDS in the jurisdiction in which the "cause of action" occurred (eg. a California court). If NDS wishes to defend the claim, they would have to send someone to do so in that California court.
Reply:Leegleeze has 99% of the answer.





Eve can also sue in federal district court pursuant to the federal diversity statute. Here, you have complete diversity of the parties, and a claim of more than $75,000.
Reply:California, or New York.

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