In re Volkswagen of America, Inc.
United States Court of Appeals for the Fifth Circuit
545 F.3d 304 (2008)
- Written by Marissa Richardson , JD
Facts
A Volkswagen driving on a highway in Dallas, Texas, was rear-ended and propelled into a truck parked on the shoulder. One passenger in the Volkswagen was injured, and another was killed. The driver, the surviving passenger, and the mother of the deceased passenger (plaintiffs) sued Volkswagen (defendant) in a federal court approximately 155 miles away in Marshall, Texas, alleging the injuries and death were the result of a design defect. Two of the three plaintiffs lived in Dallas. Volkswagen moved to transfer the case to a federal court in Dallas, arguing that the vehicle was bought in Dallas, the accident took place in Dallas, residents of Dallas witnessed the accident, the driver who rear-ended the vehicle lived in Dallas, Dallas police responded, medical care was provided in Dallas, and no party lived in Marshall. The district court denied the motion to transfer. Volkswagen appealed.
Rule of Law
Issue
Holding and Reasoning (Jolly, J.)
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