The attorney for the defendant in a wrongful death lawsuit is seeking to transfer the suit from the state of origin to federal court in Colorado. He has listed several reasons for the relocation of the case. The automobile manufacturer, Hyundai, is named in the wrongful death lawsuit filed on behalf of a young woman who was killed while riding in one of its vehicles on a Colorado road.
The deceased woman’s grandmother, the named estate administrator, initiated the lawsuit against the car company. A report did not specify what may have caused the Hyundai to roll in the accident that caused the woman’s death, but statements in the lawsuit refer to the insufficient protection of the air bags and the seatbelts. Now those air bags, seatbelts and the pieces that go with them are nowhere to be found. The driver of the car at the time of the accident was originally listed as a resident of the state where the lawsuit was filed, but the grandmother has since allowed him to use her Colorado address for legal purposes. Additionally, several eyewitnesses, state troopers, emergency personnel and those from the coroner’s office who will be testifying in the case all live in Colorado.
Hyundai’s attorney believes some of the witnesses may know what happened to the missing car parts. Several people have had access to the car since the accident. He has an unreadable signature of someone who retrieved personal property from the wrecked car, and several tow trucks were involved in moving the car to different locations, including the place where it is currently being stored. He feels all this information makes Colorado a more appropriate place for the proceedings.
Mitigating factors can sometimes be enough for a judge to grant federal district court transfer requests such as in this wrongful death lawsuit. There are specific conditions and procedures that must be followed in each case. Because of this, those in Colorado with questions on how to proceed may want to find someone who has a thorough knowledge of the law as it pertains to his or her particular case.
Source: madisonrecord.com, “Hyundai seeks to transfer roll-over wrongful death suit to Colorado where accident occurred“, April 7, 2016