The right of a plaintiff to choose the venue in which to bring a personal injury case is well-established under the law. As a result, the ultimate issues of the case are normally decided by the court in the jurisdiction where the plaintiff files the lawsuit. However, in some cases, a defendant may argue that the case should be heard in a different venue and would petition the court to dismiss the case. A Massachusetts court recently reviewed the grounds for dismissing a case based on forum non conveniens in a personal injury case in which the plaintiff was injured in Greece. If you were injured as a result of someone else’s negligence, you should speak with a Massachusetts personal injury lawyer to see what steps you can take to obtain compensation for your losses.
According to reports, the plaintiff was injured while on vacation in Greece with her husband when the boat she was riding in was struck by a boat owned by the defendant, necessitating significant treatment in Greece and the United States. The Greek Port Authority undertook an inquiry after the disaster, which included acquiring thirteen witness accounts. The plaintiff then filed a personal injury action in Massachusetts district court against the defendant, who was a Massachusetts resident. On the grounds of forum non conveniens, the defendant filed a request to dismiss.
Dismissing a Case Due to Inconvenient Forum
The law stipulates that a plaintiff’s choice of forum should be respected only in exceptional circumstances. As a result, a defendant asserting forum non conveniens must show that a sufficient alternative forum exists and that judicial efficiency and convenience weigh heavily in favor of litigating the issue in a different forum. An adequate alternative forum exists, according to the court, if the defendant can show that the other forum meets the plaintiff’s claims and that the defendant is willing to be served in that forum. Continue Reading ›