Earlier this month, a state appellate court issued a written opinion in a Georgia personal injury case that arose after an accident that occurred in the Dominican Republic. The case required the court to determine if the lower court correctly held that the case should be transferred from Georgia, where the plaintiff filed the lawsuit, to the Dominican Republic. Finding that Georgia’s out-of-state venue statute only applied to cases that were being transferred to other states, the court denied the defendant’s request to transfer the case.
The Facts of the Case
According to the court’s opinion, the plaintiff was vacationing in the Dominican Republic when she was injured while on a zip-line course. Evidently, one of the zip-lines collapsed while the plaintiff was on the course.
The plaintiff filed a personal injury lawsuit against the operator of the course. Because the defendant corporation was based out of Georgia, the plaintiff – who was from Michigan – filed the case in Georgia. The defendant filed a motion to dismiss, arguing that the “balance of private and public factors” weighed in favor of transferring the case to the Dominican Republic. Relying on OCGA § 9-10-31.1, the trial court agreed and dismissed the plaintiff’s case so that it could be refiled in the Dominican Republic. The plaintiff appealed.