FOR IMMEDIATE RELEASE
February 8, 2011

 

Contact:  Eric W. Boyer, Esq. Managing Partner 305-670-1101 Ext. 123 Email:   This e-mail address is being protected from spambots. You need JavaScript enabled to view it

QPWB LAWYER OBTAINS DISMISSAL WITH PREJUDICE FOR ARIZONA VEHICLE LOGISTICS TRANSPORT CO.

David W. Nilsen

ORLANDO, Fla. – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) partner David W. Nilsen (Tampa) obtained an order dismissing an action with prejudice in the Ninth Judicial Circuit of Orange County, Florida on behalf of his client, a vehicle logistics/transport company, incorporated in Arizona and doing business in the states of Michigan and Florida.  The plaintiff, a resident of Florida, was an independent long-distance trucker dispatched by the transport company from its Michigan headquarters on July 17, 2006. While still in Michigan, the plaintiff slipped and fell off the company’s trailer, sustaining injury.

The Complaint filed in Florida, within four years of the incident, alleged negligence against the company for improper maintenance of the trailer. The contract between the plaintiff and transport company contained a choice of forum clause wherein Arizona law would control.  Arizona has a two-year statute of limitations and Michigan has a three-year statute of limitations.

Plaintiff’s counsel argued that Florida was the proper venue because the plaintiff signed the contract in Florida, the transport company does business in Florida, and the plaintiff left Florida for dispatch in Michigan.  Thus, plaintiff’s counsel argued that Florida’s four-year statute of limitations was applicable.  Defense counsel David Nilsen argued that Florida was not the proper venue.  He specified that Florida Statute 95.10 was applicable.  The statute states that when a cause of action has arisen in another state or territory of the United States, or in a foreign country, and its laws forbid the maintenance of the action because of lapse of time, no action shall be maintained in the state.

In its Order, the Court sided with Mr. Nilsen and dismissed the plaintiff’s action with prejudice.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is a full-service business law firm with more than 100 attorneys collaborating across major practice areas in seven offices located throughout Florida including Miami, Ft. Lauderdale, Ft. Myers, Tampa, Orlando, Jacksonville and Tallahassee; and an office in Louisville, Kentucky. QPWB provides comprehensive legal services to individuals and organizations of all sizes throughout the U.S. and the U.S. Virgin Islands.