SCOTT LOUIS BRUNSCHWIG AND COSTA NURSERY FARMS, INC., APPELLANTS,
v.
HOWARD SIMPSON, APPELLEE
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The trial court abused its discretion by denying a forum non conveniens motion where a Virginia resident sued a Florida resident in Florida for injuries from a car accident that occurred in Virginia with all witnesses and medical care in Virginia.
A trial court abuses its discretion in denying a forum non conveniens motion when the accident occurred in the alternate forum, witnesses and medical care are located there, and the alternate forum is adequate.
[1] The absence of a statutory settlement procedure in an alternate forum does not prevent dismissal on forum non conveniens grounds when the balance of private and public in…
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Join FLexlaw to unlock all legal intelligenceHoward Simpson, a Virginia resident, sued Scott Louis Brunschwig, a Florida resident and employee of Costa Nursery Farms, Inc., in Florida for neglige…
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PER CURIAM.
The trial court abused its discretion in denying the motion to dismiss on forum non conveniens grounds filed by defendants, Scott Louis Brunschwig and Costa Nursery Farms, Inc. Howard Simpson, a Virginia resident, filed a negligence action in Florida to recover damages for injuries suffered when defendant Brunschwig, a Florida resident, drove his rental car into Simpson crushing Simpson’s right leg. At the time, Brun-schwig was an employee of Costa, a Florida corporation. The accident occurred in Virginia, Simpson received medical care in Virginia, and the witnesses, other than defendants, are in the Virginia area. Virginia is clearly an adequate alternate forum, and the balancing of both private and public interests requires dismissal; the absence of a statutory settlement procedure in Virginia does not tip the scale in favor of Florida. See Kinney Sys., Inc. v. Continental Ins. Co., 674 So. 2d 86 (Fla.1996); Resorts Int'l, Inc. v. Spinola, 705 So. 2d 629 (Fla. 3d DCA 1998); Ryder Truck Rental, Inc. v. Rosenberger, 699 So. 2d 713 (Fla. 3d DCA 1997), review denied, 705 So. 2d 570 (Fla.1998); Burger King Corp. v. Koeppel, 564 So. 2d 209 (Fla. 3d DCA 1990). We, therefore, reverse the order and remand for further proceedings. See Fla. R. Civ. P. 1.061.
Reversed and remanded.
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Woods v. Nova Cos. Belize Ltd., 739 So. 2d 617 (Fla. 4th DCA 1999)…o To, 858 F. 2d 1564, 1566 (11th Cir.1988); compare Value Rent-A-Car, 720 So. 2d at 555 (plaintiff received medical treatment in alternate forum, and there was no issue of whether witnesses could be deposed regarding damages); Brunschwig v. Simpson, 711 So. 2d 255 (Fla. 3d DCA 1998) (medical care and all witnesses located in alternate forum). Costa Rica, one of the alternate forums, has no connection with this lawsuit other than the haphazard circumstance that the airplane crashed there during a flight betwe…
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P.V. Holding Corp. v. Tenore, 721 So. 2d 430 (Fla. 3d DCA 1998)…e cause of action arose outside Miami-Dade County, and most, if not all, of the important witnesses and contacts are located outside Miami-Dade County, we find the trial court erred in denying the motion to transfer venue. See Brunschwig v. Simpson, 711 So. 2d 255 (Fla. 3d DCA 1998); Prudential Property and Casualty Ins. Co. v. Palma, 622 So. 2d 594 (Fla. 3d DCA 1993); Burger King v. Koeppel, 564 So. 2d at 209. Accordingly, the order denying the motion to transfer venue is reversed, with directions that the c…
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Turner v. Koren, 717 So. 2d 119 (Fla. 3d DCA 1998)…injured by the negligence of a non-Florida resident, [who was driving] a vehicle ... [that was] leased, [outside of Florida].” Ryder, 699 So. 2d at 717. See Kinney Sys., Inc. v. Continental Ins. Co., 674 So. 2d 86 (Fla.1996); Brunschwig v. Simpson, 711 So. 2d 255 (Fla. 3d DCA 1998); Cibar-Geigy, Ltd. v. The Fish Peddler, Inc., 691 So. 2d 1111 (Fla. 4th DCA), review denied, 699 So. 2d 1372 (Fla.1997). Accordingly, we reverse the order and remand for further consistent proceedings. Reversed and remanded.…
Authorities Cited
- Kinney Sys., Inc. v. The Cont'l Ins. Co., 674 So. 2d 86 (Fla. 1996)
- Burger King Corp. v. Koeppel, 564 So. 2d 209 (Fla. 3d DCA 1990)
- Resorts Int'l, Inc. v. Spinola, 705 So. 2d 629 (Fla. 3d DCA 1998)
- Ryder Truck Rental, Inc. v. Rosenberger, 699 So. 2d 713 (Fla. 3d DCA 1997)