Martin v. Mieth

Erna Mieth (defendant) was the owner and driver of a car in which Lisa Martin (plaintiff) was a passenger. The car left the roadway and overturned in the front lawn of William Penhollow, injuring Mieth. The accident occurred in Chautauqua County, New York, but Mieth and Martin both were Canadian. Martin brought a personal-injury suit against Mieth in the supreme court in Manhattan. Citing Mieth and Martin’s Canadian residences, Mieth moved to dismiss the complaint in favor of a Canadian forum on forum non conveniens grounds pursuant to Civil Practice Law and Rules § 321(a)(2). Martin’s counsel opposed the motion, arguing that New York was an appropriate forum because the accident occurred in New York, the accident was investigated by New York police, and Martin was treated in a New York hospital. Accordingly, Martin’s counsel contended, the police and hospital records regarding the accident were in New York and subject to subpoena by a New York court. In addition, Martin’s counsel described the investigating police officer, Martin’s treating physician, and Penhollow as important witnesses who could not be subpoenaed in Canada. After the supreme court denied Mieth’s motion to dismiss, Mieth moved to transfer the trial venue to Chautauqua County, which, Mieth argued, would be a more convenient venue for the police officer, the treating physician, and Penhollow. In opposing Mieth’s motion, Martin now denigrated the importance of these witnesses, contending that, for various reasons, none were needed for trial. The supreme court denied Mieth’s motion to transfer venue. Mieth appealed to the appellate division, which affirmed by a three to two vote, with the dissenting judges describing Martin’s counsel’s conflicting positions as blatant forum shopping. The appellate division granted Mieth leave to appeal.