Lets examine the following case as we examine tort cases this week..
Can you please provide the answers to this scenario?
Mary Johson is traveling on I-270 in her own vehicle in the center lane of traffic. Bob Wilson is driving his company truck owned by his employer, Anderson’s Medical Supply. Andersons is solely based in Columbus, Ohio and provides medical supplies to local nursing homes and assisted living centers which operate here in Franklin County.
Wilson is travelng in the left hand lane of traffic. As he talks on his phone to a customer, he changes lanes without looking. Johnson, who is in Wilson’s blind spot, does see the truck enter her lane. Wilson side swipes Johnson causing her to lose control and crash into a retaining wall. She suffers a broken left hip and is off work for approximately 6 months. Her lost wages amounts to $50,000. Her medical bills are $500,000.
1) How do we determine which court will Johnson’s attorney file a civil suit to recover her lost wages and medical bills?
2) Who will she sue?
3) What court will Johnson’s attorney file the civil suit? Federal court? State court?
4) What type of civil claim is this and what will Johnson’s attorney need to prove (what elements) in court?