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Motion to Dismiss Denied in Railway Worker's Case

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 online here.

Categories: Railroad Injuries, News
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