Recently, Hartley & O'Brien successfully opposed a motion to dismiss
a railway worker's claim for improper venue. As we previously noted
on this website, Hartley & O'Brien, along with Johnstone &
Gabhart, filed a lawsuit in Marshall County on behalf of a railway worker
employed by Railserve, Inc. who developed a rare blood disease after being
exposed to a number of chemicals while moving and loading railway cars
at DuPont's Belle Works in Kanawha County, West Virginia.
The defendants in the case filed a motion asking the Court to dismiss the
worker's claims, arguing that Marshall County was not the proper place
for the lawsuit. The defendants asserted that because the worker lives
in Kanawha County and the events that led to the lawsuit occurred there,
the case should have been filed in the Circuit Court of Kanawha County.
However, as the Circuit Court of Marshall County observed in denying the
motion, in many circumstances the law permits a plaintiff to file suit
where any defendant does business. As the plaintiff noted in opposing
the motion, Railserve performs work at several facilities in Marshall
County, so that the court there has the power to hear the case.
The case is
Pettry v. Railserve, Inc., et al., Marshall County, West Virginia Circuit Court, Civil Action No. 13-C-162-H.
The Circuit Court of Marshall County's order is available for viewing