Stowers Equipment Rental Co. v. Brown
Florida District Court of Appeal
370 So. 2d 1248 (1979)
- Written by Liz Nakamura, JD
Facts
Donald Brown (plaintiff) sued Nucor Corporation in Orange County, Florida, for injuries sustained in an accident on Nucor’s construction site. Nucor then filed a third-party complaint against Stowers Equipment Rental Company (Stowers) (defendant); Stowers supplied the crane involved in Brown’s accident. Subsequently, Brown filed an amended complaint adding Stowers as a primary defendant to Brown’s principal action. Stowers then filed a motion to change venue to Hillsborough County, where Stowers had its principal place of business. Stowers argued that, because Brown could not have filed an independent action against Stowers in Orange County, (1) Orange County should not have asserted jurisdiction over Stowers as a third-party defendant; and (2) after Brown amended his complaint to add Stowers as a principal defendant, Stowers should have been allowed to raise any venue defense available to a primary defendant. The trial court denied Stowers’s motion to change venue. Stowers appealed.
Rule of Law
Issue
Holding and Reasoning (Downey, C.J.)
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