Bobo Tannenbaum is a New York resident on vacation in Florida. While driving on
ID: 398342 • Letter: B
Question
Bobo Tannenbaum is a New York resident on vacation in Florida. While driving on Interstate I95, Bobo's cousin, Timmy Buttons, sends Bobo a fake news story about a Russian invasion of Maine. As Bobo looks down at his smartphone to read Timmy's text, Bobo does not see the car in front of him making a lane change. As Bobo looks up from his smartphone, Bobo notices of the car making the lane change and swerves to avoid a collusion and hits Barb Wire, a hitch hiker walking on the shoulder of I95. Barb suffers severe injuries. Barb is a resident of Florida. If Barb files a lawsuit against Bobo for negligence, what court would be the proper forum for her lawsuit? If federal court the proper forum? Why or why not? Is state court the proper forum, why or why not? Please 250 words or more.
Explanation / Answer
In this case Barb Wire is the Plaintiff and is a resident of Florida whereas Bobo Tannenbaum is the defendant residing in New York in Florida for vacation. The accident took place in Florida hence Barb can sue Bobo in Florida State court and also in New York state State court as well because the defendant resides from New York and hence the court will have jurisdiction over the same.
I believe the state State court would be the proper forum depending upon the amount of claim made by Barb, because if Barb demands and amount more than equal to $75000 then it is better to make federal court the forum or else the case will not be accepted in the federal court.