1 answer

10. Mandy Cosby, a citizen of Tennessee, was walking along a street in Northfield Tennessee when...

Question:

10. Mandy Cosby, a citizen of Tennessee, was walking along a street in Northfield Tennessee when metal poles slid off the top of a truck and hit her, and caused her injuries. She was severely injured. She could not work for 6 months. She wants to file a lawsuit against the company that owns the truck for $800,000 in damages.
The trucking company is headquartered in Kansas and does business in Tennessee.
State whether Mandy can bring a lawsuit in Tennessee.
State whether Mandy can bring a lawsuit in Kansas
State whether Mandy can bring a lawsuit in the federal court.
Remember to state and explain the law that supports your conclusion as to each jurisdiction. (As we know, she can only choose one jurisdiction.)

Answers

Mandy can bring suit in all three courts. The trucking firm did business in Tennessee, and the accident occurred there. Thus, the state of Tennessee would have jurisdiction over the defendant. Because the firm was headquartered in Kansas and had its principal place of business in that state, Mandy could also sue in a Kansas court. Finally, because the amount in controversy exceeds $50,000, the suit could be brought in federal court on the basis of diversity of citizenship.

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