Question

Marya Callais, a citizen of Florida, was walking along a busy street in Tallahassee, Florida, when a large crate flew off a passing truck and hit her, causing numerous injuries. She experienced a great deal of pain and suffering, incurred significant medical expenses, and could not work for six months. She wants to sue the trucking firm for $300,000 in damages. The firm's headquarters are in Georgia, although the company does business in Florida. In what court might Callais bring suit—a Florida state court, a Georgia state court, or a federal court? What factors might influence her decision?

Answer 1

Marya Callais has the option to sue in either a Florida state court, a Georgia state court, or a federal court due to diversity of citizenship and the amount of damages sought. Factors influencing her decision may include convenience, location, and strategic legal considerations.

Step-by-step explanation:

Marya Callais, a Florida citizen, could potentially bring a lawsuit in a Florida state court, a Georgia state court, or a federal court. This decision depends on various factors such as the location of the incident, the headquarters of the trucking firm, the amount of damages sought, and the concept of diversity of citizenship. Because the accident occurred in Florida, she has grounds to sue in a Florida state court. Similarly, as the trucking firm is headquartered in Georgia, she could also file a lawsuit in a Georgia state court.

However, because the trucking firm does business in both Florida and Georgia, and considering that Marya is seeking over $75,000 in damages, this case could meet the federal court's requirement for diversity of citizenship jurisdiction. Federal courts are authorized to hear cases that involve interstate matters, especially when the parties are from different states and the claimed damages exceed $75,000.

Her choice of court may be influenced by considerations such as convenience, perceived biases in state versus federal courts, or strategic legal advantages. The decision where to file could impact the logistics of the trial, potential jury pool, and specific state laws versus federal laws that might apply to the case.

Answer 2

Step-by-step explanation:

In this situation,

Marya Callais, is a citizen of Florida.

The trucking firm has its headquarters in Georgia.

And the accident took place at Florida.

So Marya Callais can file a case in any of the following courts ---

1. a Florida State court --- because the accident took place at Florida, therefore Florida State court have jurisdiction over the defendant.

2. a Georgia State court ---- because firms's principal place is at Georgia and it has its headquarters in Georgia, Marya Callais can sue the trucking firm at the Georgia State court.

3. a Federal court --- Marya Callais can sue the trucking firm at a Federal court since the amount for the damages exceeds $75,000.

The factors that might influenced her decision will be:

1. She has to travel to Georgia if she wants to file a case in Georgia State court.

2. Also the witness has to travel to Georgia.

3. She also has to get a lawyer at Georgia if she wants to sue at Georgia State court.