Marla Motorist, a Connecticut resident, decides to attend the Eastern States Exposition in Massachusetts. As she is entering the parking area, Norm Novel, a resident of New Hampshire, recklessly speeds through a line of traffic, striking Marla’s BMW. Marla suffers serious injuries, requiring a week of hospitalization for broken ribs, and misses two weeks of work. Examine the issues of jurisdiction and venue in the case of Motorist v. Novel. What court would have jurisdiction of this case? Can the case be brought in state or federal court? In which state could the action be commenced?
What will be an ideal response?
This civil action would be based on negligence, which does not present a federal question. Therefore, a federal court would only have diversity jurisdiction. The parties are citizens of different states, but the amount in controversy must also be more than $75,000 to satisfy the jurisdictional requirement for federal subject matter jurisdiction. Assuming this is met, the case can be brought in either state or federal court.
In addition to subject matter jurisdiction, the court must have jurisdiction over the person of the defendant. A federal or state court in Connecticut would not be available. However, either court in New Hampshire, where the defendant resides, or Massachusetts, where the accident occurred, would have personal jurisdiction over the defendant.
The venue or location would be either in the federal or state court in Massachusetts or New Hampshire. Local court rules would be consulted to determine if more than one venue is available within these states.
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