Are You a New York Resident? The Answer May Affect Your Car Accident Lawsuit
Personal injury claims, such as lawsuits arising from car accidents, are generally handled under state law. This means that if you are injured in a motor vehicle crash that occurs in New York, your remedy would be to sue the negligent driver (or other third party) in a New York State Supreme Court. But depending on the defendant’s citizenship and residency, your case may end up being transferred to federal court.
Citizenship and Diversity in Personal Injury Cases
This issue often comes up in New York personal injury cases given the large number of out-of-state individuals and businesses that operate within the state’s borders. Specifically, federal law permits the defendant in a state-court personal injury case to seek removal of their case to federal court if they can prove “complete diversity of citizenship.” In this context, diversity does not refer to a person’s race or sex, but rather where they are legally domiciled.
A recent decision from a federal judge in Brooklyn, Rubenfeld v. Federal Express Corporation, helps to illustrate what we are talking about here. The plaintiff in this case suffered serious injuries when a delivery truck struck his e-scooter at an intersection in Brooklyn. The delivery truck was owned by a New York company that was, in turn, contracted to handle deliveries by FedEx.
The plaintiff sued the driver and both companies in Brooklyn Supreme Court. The defendants then removed the case to the U.S. District Court in Brooklyn. The plaintiff asked to remand the case back to the New York Supreme Court due to lack of diversity.
Basically, the plaintiff said he was a resident of New York. Complete diversity requires that none of the defendants be citizens of the same state as the plaintiff. As previously noted, the driver and the company contracted by FedEx were both New York residents like the plaintiff; therefore, there was not complete diversity. (FedEx is a citizen of Delaware, where it is incorporated, and Tennessee, where its principal business office is located.)
In response, the defendants argued that the plaintiff was actually not a resident of New York but rather Missouri. If true, that would create the complete diversity necessary to keep the case in federal court. But the judge held the plaintiff was a New York resident so he returned the case to Brooklyn Supreme Court for further proceedings.
The plaintiff had moved from Missouri to New York at some point in 2024 but he still had a Missouri driver’s license. Even if true, the judge said, that alone did not disprove the plaintiff’s statement that he was a New York resident. Notably, the plaintiff had a residence and job in Brooklyn. That was enough to establish residency for purposes of determining diversity.
Contact a New York Car Accident Lawyer
There are many small-but-significant legal issues that can affect the outcome of your personal injury case. By working with an experienced New York City car accident attorney, you can navigate these issues towards a successful resolution of your claim. Contact the Law Offices of Jaroslawicz & Jaros, PLLC, at 212-227-2780 to schedule a consultation. We serve clients throughout New York City and Long Island and surrounding communities.
Source:
scholar.google.com/scholar_case?case=5926189560372212624