Legal Question in Traffic Law in Virginia

Accident question

While driving his car in Virginia, Dodd a resident of North Carolina struck Paul, a resident of Alaska. As a result of the accident, Paul suffered more than $80,000 in medical expenses. Paul would like to know, if he personally serves the proper papers to Dodd, whether he can obtain jurisdiction against Dodd for damages in the following courts:

(a) Alaska State trial court

(b) Federal Circuit Court of Appeals for the Ninth Circuit (includes Alaska)

(c) Virginia State trial court

(d) Virginia Federal District Court

(e) Federal Circuit Court of Appeals for the Fourth Circuit (includes Virginia and North Carolina)

(f) Virginia equity court

(g) North Carolina State trial court


Asked on 6/15/07, 11:29 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Accident question

Paul should be able to sue his tortfeasor (Dodd)in Virginia state court since the accident occurred in the Commonwealth and he should also be able to obtain diversity jurisdiction in either the Eastern or Western U.S. District courts of Virginia (assuming the damage claims meet the required threshhold).

Paul could also likely bring suit in the similar courts of North Carolina where Dodd resides.

Paul should forget about the others.(Appellate courts do not hear nor adjudicate initial trial matters and Alaska state court is likely too far from the scene of the incident as well as the defendant to be an appropriate venue for filing the case.)

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Answered on 6/21/07, 9:37 am


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