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Court Discusses Domicile of Stateless Defendants in Car Accident Case in Florida

October 27, 2023 | Jarrett Blakeley
Court Discusses Domicile of Stateless Defendants in Car Accident Case in Florida

Some car accidents that occur in Florida involve out of state parties. While a plaintiff has the right to choose where to file a lawsuit, a defendant can remove a state court case to federal court in lawsuits between parties of different states, even if a plaintiff objects. A plaintiff whose case has been removed is not necessarily without recourse, however, as there are avenues for remanding a matter back to a state court. Recently, in a lawsuit arising out of a car accident, a Florida federal court issued an opinion explaining when remanding a case is appropriate. If you were hurt in a car accident involving a driver from another state, you should consult a knowledgeable Florida car accident attorney to assess your options for seeking compensation.

Procedural History of the Case

It is reported that the plaintiff suffered harm in a car accident with the defendant driver, who was employed by the defendant company. The plaintiff filed a lawsuit alleging negligence claims against the defendant driver and vicarious liability claims against the defendant company. The plaintiff was unable to serve the defendant driver with the complaint, and it was ultimately revealed that she was permanently domiciled in Japan. The defendant company removed the case to federal court, and the parties litigated the case without the defendant driver.

Allegedly, mediation was conducted between the defendant company and the plaintiff. Upon realizing the defendant driver had not been served or participated in litigation, the court entered a rule to show cause why she should not be dismissed from the case. The plaintiff filed a motion to remand in response, arguing the court lacked jurisdiction over the matter.

Diversity Jurisdiction in Cases Involving Stateless Parties

If a case is removed to federal court based on diversity, there must be complete diversity between the parties, and the damages alleged must exceed $75,000. For purposes of diversity, parties are citizens of the state in which they are domiciled. A person who is not domiciled in any state, however, is a stateless party, and a stateless defendant will destroy complete diversity for the purposes of jurisdiction.

The law allows district courts to dismiss non-diverse dispensable parties at any time, though, and a federal court should disregard any formal or nominal parties and determine jurisdiction solely on the actual parties in the case. In the subject case, the court found that the defendant driver was a stateless party as she permanently resided in Japan. Thus, the court turned to the analysis of whether she was a nominal party and could be dismissed. The court ultimately determined that she was not, as she could be held solely liable for the plaintiff’s damages. Thus, the court remanded the case to the state court.

Speak to a Capable Florida Attorney

Filing a lawsuit in the appropriate court against the proper parties is essential to recovering damages, and if you were injured in a car accident, you should speak to an attorney regarding what steps you should take to protect your rights. Jarrett Blakeley is a capable Florida 

Jarrett Blakeley

Jarrett Blakeley is the founder of Blakeley Law Firm, a premier Florida personal injury law firm dedicated to representing accident victims in Fort Lauderdale, Miami, West Palm Beach, Jacksonville, and throughout the state of Florida. Since 2006, Mr. Blakeley has devoted his career to fighting for the rights of the injured, taking on powerful insurance companies and the law firms that defend them. Over the course of his career, he has successfully represented thousands of clients and recovered more than $200 million on their behalf in cases involving car accidents, motorcycle accidents, Lyft and Uber accidents, and wrongful death.

Mr. Blakeley’s reputation as a skilled and relentless Fort Lauderdale car accident lawyer extends well beyond Broward County. His firm serves clients in Miami-Dade County, including Miami, Palm Beach County, including West Palm Beach, Boca Raton, and Delray Beach, as well as Duval County, including Jacksonville and surrounding areas. No matter where in Florida a crash occurs, Mr. Blakeley brings the same level of dedication, personal attention, and aggressive advocacy to every client he represents.

As a licensed motorcycle rider, Mr. Blakeley has unique insight into the dangers faced by Florida motorcyclists on the road. This first-hand experience allows him to better understand the challenges injured riders face — from biased accident reports to the severity of motorcycle accident injuries. Whether representing a rider injured on I-95 in Miami, a commuter hit by a distracted driver in Palm Beach Gardens, or a motorcyclist hurt in Jacksonville, he fights to secure maximum compensation for medical expenses, lost wages, pain and suffering, and other damages.

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