Question
This is the situation: Little Jimmy O'Leary, lives in Birmingham, Alabama and works as a law clerk for a federal judge in Mississippi. While Little
This is the situation:
Little Jimmy O'Leary, lives in Birmingham, Alabama and works as a law clerk for a federal judge in Mississippi. While Little Jimmy O'Leary hates the humidity of Florida, he owns a vacation home in Marco Island, Florida which he rents out.Over the summer break, Little Jimmy O'Leary decides to visit his father who lives in Marco Island, Florida.While driving on Interstate 75 in Florida, Little Jimmy O'Leary gets into a car accident with Sally Johnson, who owns a vacation home in Florida, but is a resident of New Jersey.As a result of the accident, Little Jimmy O'Leary suffers serious injuries and a totaled car. In addition to severe brain injuries, Little Jimmy O'Leary loses all use of his right arm. Sally Johnson suffers no serious medical injuries, but her Fiat 500 suffers over $5,000 in damages.After recovering from his injuries, Little Jimmy O'Leary returns home to Alabama. Because Little Jimmy O'Leary cannot type with his right hand, he loses his job as a law clerk. Broke and unable to work, Little Jimmy O'Leary sues Sally Johnson in an Alabama state court alleging that Johnson's negligence caused the injuries.At the same time, Sally Johnson, who is on vacation in Florida, files a complaint against Little Jimmy O'Leary for negligence in a Florida federal court, alleging that Little Jimmy O'Leary was negligent and caused $50,000 in damages.
After being properly served with a copy of the summons and complaint filed in Alabama state court action, Sally Johnson promptly files a motion to dismiss in Alabama, arguing that the court lacks personal jurisdiction, subject matter jurisdiction, and is the improper venue.
I need an assistance to determine can Alabama be a proper venue for Jimmy's suit? It is confusing to me considering that the accident occurred in neither state that is domicile for the parties involved. Thank you
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