Jo Bennett a citizen of Tallahassee Florida was touring the

Jo Bennett, a citizen of Tallahassee, Florida, was touring the Dunder Mifflin branch location in Scranton, Pennsylvania to determine whether she wanted to purchase the company on behalf of her printer company, Sabre.  While Jo was surveying the warehouse facilities, she was struck by a large metal shelf that had been knocked over by a negligently operated forklift, causing numerous injuries.  Jo experienced a great deal of pain and suffering, incurred significant medical expenses, and could not work for six months. She now wants to sue Dunder Mifflin for $500,000 in damages. Dunder Mifflin\'s headquarters are in New York, New York, although the company does business in both Pennsylvania and New York.

In which of the following courts can Jo bring suit -- a Pennsylvania state court, a New York state court, a Florida state court, or a federal court?  Explain.  What factors might influence her decision.

Solution

Jo can file a law suit in a federal court stating that the company in their state jurisdiction has failed in adhering to the safety regulations thereby causing injury to numerous workers.

Further these type of cases where there are separate state laws, cases can be filed in federal court under the court\'s diversity jurisdiction. Diversity jurisdiction is a condition whereon the plaintiff and defendant are from different states. Further to bring a state law claim in federal court, it is mandatory that all of the plaintiffs are located in different states than all of the defendants, alongside the amount on controversy should be more than $75,000/-.

In the given case Jo hails from a different state and also the branch office and head quarters of Funder Mifflin are completely in different states further the amount sued is $500,000. These factors come in favour of Jo and can influence her to proceed with a case in the federal court.