If you are injured in a car accident, you may be entitled to compensation from the persons or companies who are responsible for your injuries. To protect your right to recovery, it is incredibly important that you follow all the applicable procedural rules governing how and where you should file your claim. This includes ensuring that you file the claim in the right court. The seasoned Chicago car accident attorneys at Therman Law Offices are prepared to assist you with investigating your claim and ensuring that you follow all the right rules in seeking compensation.
In a recent appellate opinion, the Illinois Court of Appeal considered a case in which the defendants challenged a lawsuit alleging personal injuries on the basis that the court in which the lawsuit was filed did not have jurisdiction over them. The plaintiff filed the lawsuit seeking damages for injuries he sustained when he was struck in a supermarket parking lot by a vehicle being driven by the defendant’s employee. The defendant filed a motion to dismiss the lawsuit on the basis that the court lacked personal jurisdiction. It alleged that the plaintiff’s accident happened in Indiana, that the employee was an Indiana resident, and that the employer was a Massachusetts corporation with only limited operations in Illinois.
The plaintiff challenged this by alleging that the defendants, although not residents of Illinois, had operations within the state giving the court jurisdiction over them. Specifically, it argued that the company had availed itself of Illinois’ stream of commerce for a period of years by operating transit points at two locations in Illinois while delivering and picking up products over 35,000 times at over 140 locations. The lower court eventually entered an order without conducting a hearing or oral argument denying the defendants’ motion to dismiss. The defendants appealed.