13 Fla. L. Weekly Supp. 645b
Insurance — Personal injury protection — Venue — Forum non conveniens — Where medical provider’s only nexus with county where suit was filed is fact that insurer does business there, substantially all other aspects of case are elsewhere, and large number of cases whose only connection with county is fact that insurer does business there is burden on county, motion to transfer venue is granted
MARK T. MACHUGA, D.C., a/a/a BARBARA ANDERSON, Plaintiff(s), vs. PROGRESSIVE EXPRESS INS. CO., Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 04-SC-4248. March 14, 2006. John R. Sloop, Judge. Counsel: Lee M. Jacobson, Maitland. George Milev, Adams & Diaco, P.A., Orlando.
ORDER
THIS CAUSE having come before this Court on March 7, 2006, on Defendant’s Amended Motion to Transfer Venue, and the Court having heard arguments of counsel, and being otherwise fully advised in the premises, finds the following:
Plaintiff’s forum of choice is suspect when only nexus to Seminole County is the fact that the Defendant does business there and substantially all other aspects of the case, i.e.; location of crash, residence of patient/assignor; location of treatment, Plaintiff’s offices, and witnesses, are elsewhere.
Forum shopping is a viable concern since there is only one County Judge to hear all civil cases in Seminole County, Florida, instead of the prior random assignment among the five sitting County Judges.
Additionally, Seminole County is devoting substantial resources to address and resolve a very large number of cases whose only connection is that the defendant’s insurance companies “do business there.”
Plaintiff’s selection of venue is presumptively correct. However, substantial inconvenience to witnesses, corresponding undue expenses, and the burden taxed against Seminole County cannot be overlooked: Alfred Jensen and Patricia Jensen v. State Farm Mutual Automobile Insurance Company, 781 So.2d 468 (Fla. 5DCA 2001); State Farm Fire and Casualty Company v. Beth Ann Sosnowski, 836 So.2d 1099 (Fla. 5DCA 2003); E.I. Dupont De Nemours and Company v. Fuzzell, 681 So.2d 1195 (Fla. 2DCA 1966); The Hertz Corporation v. Marcia Rentz, 326 So.2d 216 (Fla. 4DCA 1976); Miriam Braun v. Jane E. Stafford, 529 So.2d 735 (Fla. 4DCA 1988); Avis Rent A Car System, Inc. v. Broughton, 672 So.2d 656, (Fla. 4DCA 1996); Darby v. Atlanta Casualty Insurance, 752 So.2d 102 (Fla. 2DCA 2000); Peterson, Howell and Heather v. O’Neill, 314 So.2d 808 (Fla. 3DCA 1975); C.S. Hu v. Crockett, 426 So.2d 1275 (Fla. 1DCA 1983).
In consideration of all factors and the interests of justice this case is transferred to Orange County, Florida. It is therefore
ORDERED and ADJUDGED that Defendant’s Motion is granted.
1. This case is transferred to Orange County, Florida.
2. Defendant shall pay all required fees.
