April 15, 2021

Trial Court Dismisses Wrongful Death Lawsuit

Christopher Staley and Jana Richards obtained dismissal against plaintiffs’ wrongful death claims arising out of a trucking accident in rural Oklahoma. Initially, plaintiffs filed their lawsuit in Jackson County, Missouri. Chris and Jana filed a motion to transfer venue out of Jackson County, Missouri and into Cole County, Missouri based upon the fact that the plaintiffs were out-of-state plaintiffs and the defendants’ registered office was in Cole County. After the Circuit Court of Jackson County, Missouri transferred the case to Cole County, Chris and Jana filed a motion to dismiss based upon the doctrine of forum non conveniens (inconvenient forum). Chris and Jana argued that the case should be dismissed because Missouri was an inconvenient and inappropriate venue because the incident and alleged negligence took place in Oklahoma, and the plaintiffs were Oklahoma residents. Accordingly, the trial court dismissed plaintiffs’ wrongful death lawsuit.