That’s what Board Civil Trial Attorney James N Nance is asking..
If the software company is the responsible Party, and let’s say the accident occurs here in Brevard, where does venue lie for the lawsuit? Can an injured Brevardian or his grieving family sue here in Brevard or must they sue in California where the manufacturer likely is based? With most car accidents, the ‘plaintiff’ must sue (1) where the accident occurred or (2) where the defendant resides. But if the defendant is a California corporation now we have what’s called ‘diversity of citizenship’ and that case gets filed in one of a mere handful of Federal Courthouses scattered around the state – or in California in our example – and subjects the victim to the formality, pomp and expense of a very Byzantine judicial system. (As an aside, what happens if the manufacturer is in Tokyo or Shanghai?) Also, is it an automobile accident case or a much, much more complicated and extremely expensive defective product case? That’s another huge issue that needs to be addressed.
Requiring Floridians to sue in California – or in Federal Court – in either instance would effectively deny compensation to a massive number of individuals because of the costs and logistical challenges those options would present when all of the witnesses and treating physicians are here in central Florida. Might as well grant the software manufactures immunity from suit
