FELA Case dismissed on a venue issue
The West Virginia Supreme Court upheld the lower court’s dismissal of a case against our client because of lack of venue. The plaintiff, who lived in Tennessee, yet worked minimally in the State, was suing our client, a national transportation company located in West Virginia. The plaintiff was an employee of the railroad, which did business in West Virginia. The court ruled the cause of action had only minimal contacts with the State of West Virginia and that a more appropriate venue, in another state, was available. Accordingly, the Court ruled the case should not be tried in West Virginia.