BOB lives in and owns a business in Washington State selling coffee at a retail store called Northwest Grinds. BOB visits Colorado on business (he was meeting with some people with Central America connections in the coffee business) and causes a car accident with a car driven by AMY. AMY is a Colorado resident at the time of the accident. AMY sustained serious injuries. The police in Denver, the location of the accident, investigated the accident and cited BOB with careless driving.
After her recovery, AMY had total damages of $120,000 for medical bills and loss of work due to the accident. Coincidentally, after her full recovery AMY moved to Washington State because her job transferred there. Also coincidentally, BOB opened a new business location in Colorado and called the store Northwest Grinds, and it’s the same company, Northwest Grinds, incorporated in Washington, but now also doing business in Colorado.
Address the following questions:
- What tort claims does AMY likely have against BOB?
- Which state or states have jurisdiction over the case and why?
- Can AMY sue Northwest Grinds? What tort theories would allow this, if any? And explain in detail why or why not.
- Assume AMY sues BOB and Northwest Grinds in State Court in Washington. Can BOB remove the case to Federal Court in Washington? Explain why or why not.
- If BOB wants the case to proceed in Colorado, what arguments can BOB make to have the case stayed or dismissed and moved to Colorado?
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