Copyright © 2023 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Some personal injury cases only involve one defendant. Other times, multiple defendants may be included in the claim. This is why it is essential for injured individuals to seek the services of an experienced lawyer. An attorney from the Boyk Law Firm could investigate the accident and determine which parties could be held liable for your injuries.
In the car accident case involving the Shivleys, there was a claim made against three defendants. The first was the driver of the vehicle. The second was the owner of the car. The owner of the vehicle was sued for a cause of action known as negligent entrustment. The basis of suing the vehicle owner was that the owner loaned the car to the driver knowing the driver was a dangerous or incompetent individual. The foundation of the claim was that the driver had his license suspended on two occasions, had prior driving under the influence convictions, and previous accidents. The vehicle owner knew that this person was a dangerous driver and still loaned the car to them.
Also, the Boyk Law Firm sued the uninsured motorist carrier of the Shivleys. They each had an underlying uninsured motorist policy and an umbrella policy which included uninsured motorist coverage. An umbrella policy is a million-dollar policy over the initial limits of insurance and Duane was smart enough to carry this umbrella policy.
The vast majority of people do not have an umbrella policy. If they do have an umbrella policy, they do not carry an additional million dollars in underinsured motorist coverage. Duane knew he should have an umbrella policy because he was a life insurance agent at one time and understood the importance of protecting himself and his family.
In this case, the owner of the vehicle, the driver of the car, and the insurance company that provided the uninsured motorist coverage were all residents of the State of Ohio. The lawsuit was filed in Wood County, Ohio, because that is where two of the defendants resided, the owner and the driver, and that is also where the accident occurred.
If all the defendants were out of state residents and the plaintiff was an in-state resident, there would be the option of suing in federal court in Toledo, Ohio. A person has jurisdiction when there is a diversity of citizenship between the plaintiffs, the people making a claim and the defendants, the people being sued in the claim, and when the claim is arguably worth more than $75,000. In this case, since all the parties resided in Ohio, the only real option was to sue in Wood County, Ohio and that is where the Boyk Law Firm filed a lawsuit.
Charles E. Boyk Law Offices, LLC