Federal Judiciary

Motion to Transfer denied in Jones Act case

By Michael Smith

Hayes v. Kirby Inland Marine, LP, 2008 WL 694710(E.D.Tex. Mar 13, 2008) (NO. CIV.A. 2:07-CV-126)
Judge: T. John Ward
Holding: Motion to Transfer Venue DENIED
This is a Jones Act case involved an injury to the relief captain of a tugboat.  The defendant sought transfer to the Southern District of Texas.  The injured seaman lives in Shreveport, Louisiana, approximately 40 miles from Marshall, and over 200 miles from Houston.  Defendant identified twenty witnesses, of which nineteen were medical and expert, and one was an eyewitness (who resided in the Eastern District).  But the plaintiff's current treating doctor is located in Tyler, Texas, and damages witnesses were located in Shreveport, and the Marshall court would have subpoena power over the witnesses located in Shreveport, while a Southern District court would not (both would have subpoena power over any Texas witnesses).  Under these facts, Judge Ward held that a transfer was not warranted.

Full post as published by Eastern District of Texas Federal Court Practice on March 20, 2008 (boomark / email).