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Jonathan Smiles was walking along a busy street in Atlanta, Georgia. Suddenly, a large metal object flew off a passing truck and hit Smiles, knocking
Jonathan Smiles was walking along a busy street in Atlanta, Georgia. Suddenly, a large metal object flew off a passing truck and hit Smiles, knocking him to the ground. As a result, Smiles suffered serious injury. He was hospitalized overnight after receiving 27 stitches in his head. The concussion that resulted from the impact kept him out of work for three weeks and dizziness and headaches persisted for four months after that. He still occasionally suffers from severe headaches and also has a scar that extends from under his hair to the middle of his forehead. The truck from which the object fell was one of a fleet of shipping trucks owned by Maroon, Inc., a shipping company located in Sarasota, Florida. The truck involved was passing through Atlanta on the way to its final destination in Florida. Maroon, Inc. is incorporated in Florida and has a West Coast office in San Francisco. While its trucks pass through Georgia, it has neither offices nor customers in the state. As a result of his injuries, Smiles medical bills total $25,000.00 which represents treatment immediately following the incident and continuing care for his recurring headaches. On occasion, the headaches are so bad that he is forced to miss a day of work. His loss in wages is currently $30,000.00. Mr. Smiles plans to sue Maroon, Inc. for negligence. Explain and apply the concepts of personal jurisdiction and subject matter jurisdiction to fully answer the following questions. A.Could a state court exercise jurisdiction over this case? Explain. B.Could a Federal Court exercise jurisdiction over this case? Explain c.Whether state or federal, would Smiles be able to sue Maroon, Inc. in Georgia? Why or why not
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