While Miguel lives in Texas, he buys a truck and immediately thereafter moves to Washington. On his way to Washington, he drives his truck through Oklahoma where he causes an accident by running into another car. The driver of the other car, Mindy, is from Florida. She is seriously injured and has to be evacuated by helicopter to a hospital in Kansas. Miguel is uninjured and eventually gets to Washington where he establishes his residence. In what state(s) might Mindy be able to sue Miguel? Why might Mindy choose one state over another for purposes of her lawsuit? Why might Mindy even choose to file suit in Washington even though she lives in Florida? State the reasons for your answer.

Question

While Miguel lives in Texas, he buys a truck and immediately thereafter moves to Washington.  On his way to Washington, he drives his truck through Oklahoma where he causes an accident by running into another car.  The driver of the other car, Mindy, is from Florida. She is seriously injured and has to be evacuated by helicopter to a hospital in Kansas.  Miguel is uninjured and eventually gets to Washington where he establishes his residence.  In what state(s) might Mindy be able to sue Miguel? Why might Mindy choose one state over another for purposes of her lawsuit? Why might Mindy even choose to file suit in Washington even though she lives in Florida?  State the reasons for your answer.

bobpursley · Answer

Miguel resides in Texas until he establishes a new residence state: He is a Texas Resident, and may be sued in Texas.
Miguel may be sued in Oklahoma, as the accident occurred there.
Miguel may be sued in Washington, if Miguel is served with a summons there.

If the injuries are over 75,000, Miguel can be sued in Federal Court.

Why choose one over the other: Many laws govern court actions: amount of damages, time limits, proof (evidence) requirements, court limits on torts, etc.