11 Fla. L. Weekly Supp. 68c
Insurance — Personal injury protection — Venue — Despite fact that policy of insurance was issued in and accident and treatment of insured occurred in Leon County, action against PIP insurer which is domestic corporation that regularly conducts business in Broward County may be brought in Broward County — Forum non conveniens — Motion to transfer venue based on forum non conveniens is denied without prejudice where insurer has not disclosed identity of witnesses or substance of their testimony to enable court to properly weigh convenience of all key witnesses
TALLAHASSEE MRI, P.A., (Wilbur Manning, Patient), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. CONO 03-2629. November 17, 2003. Steven Deluca, Judge. Counsel: Andrew J. Weinsein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. P. David Brannon, for Defendant.
ORDER DENYING DEFENDANT’S MOTION TO TRANSFER VENUE
THIS CAUSE having come before the Court on November 3, 2003, on Defendant’s Motion to Transfer Venue and the Court having heard argument of counsel and being fully advised in the premises, makes the following findings of fact and conclusions of law:
1. This is an action for personal injury protection benefits filed by Plaintiff on July 31, 2003, in Broward County, Florida.
2. On or about September 29, 2003, Defendant filed its Motion to Transfer Venue based on improper venue and forum non conveniens. In support of its motion to transfer venue, Defendant alleged that the policy of insurance was issued by Defendant to the insured in Tallahassee, Florida, and the accident and treatment by Plaintiff took place in Tallahassee, Florida. Defendant argued that there was no connection to Broward County and for the convenience of all the parties and witnesses, venue should be transferred to Leon County.
3. An action against a domestic corporation may be brought where the corporation has, or usually keeps an office for the transaction of its customary business, where the cause of action accrues, or where the property in litigation is located. Fla. Stat. §47.051. Progressive Express Insurance Company is a domestic corporation that regularly conducts business in Broward County, Florida, and thus consents to being sued in Broward County, Florida. Moreover, other county courts have found that in an action for personal injury protection benefits, venue is proper in any county in the state. See Lassiter v. Liberty Mutual Insurance Company, 8 Fla. L. Weekly Supp. 859 (Fla. Polk Cty. Ct. 2001).
4. A plaintiff has the option of venue selection, and as long as that selection is one of the statutory alternatives, it should not be disturbed. R.C. Storage One, Inc. v. Strand Realty, 714 So. 2d 634 (4th DCA 1998). The plaintiff’s venue choice is presumptively correct, and a defendant bears the burden to prove that a trial in the county in which the action was filed would work a substantial inconvenience to it, and its witnesses. Id. Plaintiff filed suit in Broward County, Florida, which this Court must accept as presumptively correct unless Defendant shows that this venue would work a substantial inconvenience to it and its witnesses.
5. In order for the court to consider the convenience of the witnesses, the court must know who the witnesses are and the significance of their testimony. It is critical for this information to be provided to enable the trial court to properly weigh the convenience of all the key witnesses. Id. See also Fla. Stat. Ch. 47.122.
6. Defendant has not disclosed the identity of the witnesses or the substance of their testimony which is necessary to move for transfer of venue based on forum non conveniens.
7. Defendant has failed to satisfy conditions precedent to the maintenance of its motion, and thus, Defendant’s motion is denied without prejudice.
8. Defendant has 20 days from the date of this Order to file its amended motion.
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