Friday, November 5, 2021

Eastern Federal District Court Transfers Trucking Accident Case to State of Georgia Where Accident Happened

In the case of Miller v. Sawa Transp. Inc., No. 2:21-CV-02308-AB (E.D. Pa. Sept. 27, 2021 Brody, J.), the court ruled that proper venue for a motor vehicle accident claim was the federal district where the crashed occurred and not where the injured party received medical treatment. As such, the court granted the Defendant’s Motion to Transfer Venue and sent the case to the state of Georgia. 

According to the Opinion, the Plaintiff was driving a tractor trailer in the state of Georgia when he was rear-ended by a truck operated by the Defendant’s driver, who is also apparently operating a tractor trailer. The Defendant tractor trailer companies were both organized and headquartered in the state of Georgia.

The Plaintiff filed the cause of action in the Eastern Federal District of Pennsylvania, i.e., in Philadelphia. 

The Defendants moved to transfer the case to a federal district court in Georgia, arguing that the Eastern District of Pennsylvania was an improper venue. The Plaintiff opposed the motion by asserting that his medical treatment had occurred in Pennsylvania and that, since liability was not in dispute and the only issue was damages, he should be permitted to keep the case in Pennsylvania.

As noted above, the court rejected the Plaintiff’s arguments and granted the Defendants’ Motion to Transfer.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 14, 2021).

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