Legal Question in Business Law in Florida

Re: jurisdiction

Either state Court. If she is a Florida resident, also Fed. Court.

Re: jurisdiction

You did not say which state the woman is a resident of . . . it may affect the answers already given.

Additionally, you posted on the New York forum. If the woman is a resident of New York State, and the trucking company transacts business in NY, NY may have long arm jurisdiction. Under NY law, the site of the accident does not determine jurisdiction, the residences of the party do. All other things considered, the site may be relevant only if the majority of witnesses reside there and a party can make a proper showing that it would be an extreme hardship to have a trial anywhere else.

Re: jurisdiction

The case should be filed in the county where the accident occurred. In Pearson v. Wallace Aviation, Inc., App. 5 Dist., 400 So.2d 50 (1981). the court held that A cause of action in negligence accrues where plaintiff suffers his or her injuries, normally the site of the accident. See also, Houchins v. Florida East Coast Ry. Co., App. 3 Dist., 388 So.2d 1287 (1980) where the mere fact that plaintiff chose to first file his action in Broward County against railroad to recover for accident which occurred in Broward County posed no barrier to timely voluntary dismissal and refiling in Dade County, in which railroad maintained business office.

The following statutes may be referred to as well.

Pursuant to West's F.S.A. � 47.011 "Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents."

Pursuant to West's F.S.A. � 47.021 "Actions against two or more defendants residing in different counties may be brought in any county in which any defendant resides."

Pursuant to West's F.S.A. � 47.051 "Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located. Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located."

Good luck,

Randall Gilbert