Question

Elle is walking to work along a sidewalk next to a road. A truck owned by Fast Distribution Company (FDC) strikes and injures Elle, causing her injuries that result in more than $250,000 in medical expenses. Elle is a resident of Georgia, where the accident occurred. FDC has its principal place of business, and is incorporated, in Delaware. In what court may Elle sue FDC?
(a) State court in Georgia, where Elle lives and where the accident occurred
(b). State court in Delaware, where FDC's principal place of business is
(c) Federal court, because of diversity jurisdiction
(d) All of the above
(e) None of the above

Answer 1

Answer:

(b). State court in Delaware, where FDC's principal place of business is

Explanation:

A sue should be filed where the statute of limitations protects defendants. "One purpose of statute of limitations is to protect defendants from untimely litigation. Statute of limitations allow plaintiffs to pursue valid claims against defendants, but only when the plaintiffs exercise due diligence in timely filing the claims.

Once again, what is considered a timely filing of a claim will depend on the state where the claim is being filed and the type of claim being filed."

Reference: Peeler, Travis. “Statute of Limitations Definition.” LegalMatch Law Library, 24 June 2018