Legal Question in Civil Litigation in Michigan

Taxi accident in Montreal, Canada

I was passenger in a taxi accident while on vacation in Montreal,Canada.The taxi's breaks failed while driving down an incline,causing the taxi to crash into a building at appox. 50-60mph. As a result of the accident my right knee was injured. I would like to sue the independant cabbie's insurance company for loss of wages,medical expenses,and pain and suffering. should I contact an attorney in Montreal,or may I take the matter up in a U.S. court in my home state of MI.?


Asked on 6/24/99, 8:01 am

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Taxi accident in Montreal, Canada

From the facts given in your post, a Michigan court is unlikely to take jurisdiction over a taxi driver from Montreal Canada. You will have to go to Canada to litigate this one because all events, including the negligent repairs by the cab driver and your injury occurred there. Further, the law that would have to be applied to the question of negligence is clearly Canadian law...unless you find, for example, that the brakes were maintained by a Michigan company or the cab company does significant business in Michigan. Had the incident occurred nearby in Windsor, however, it would be an entirely different question, because a U.S. court could find that taxi drivers routinely come across into Detroit and take passengers back and forth enough to justify allowing you to haul them into a federal court located in Michigan. Canadian counsel can be located easily on the internet these days, so the prospect of suing in a foreign country is not nearly as burdensome as in the past. Shop around and ask questions. It shouldn't be that difficult, and you will certainly have to consider a few trips back to Montreal (a more pleasant hardship I couldn't imagine) as part of your cost of litigation.

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Answered on 7/08/99, 2:44 pm


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