I filed suit in one county under MVA venue statute which allows suit to be filed where any of the damages arise. Judge then granted the defendant’s motion to transfer to a different county. I’m considering seeking a writ, but wonder if there’s any chance of success?
Answer: This appears to be a discretionary matter for the judge. See: Groendyke Transport, Inc. v. Cook, 1979 OK 59, 594 P.2d 369: Not error to decline to transfer from OK County, where Plf’s treating Doctors were, to county where accident occurred. Distinguished: Safeway Stores v. Martin, 1974 OK 149, 530 P.2d 131, on ground med experts in that case were examining Doctors suggested by Plf’s attys.
Posted on Thu, April 28, 2011
by Sharon Coleman filed under