NO INFO GETS YOU NO CHANGE

In Walsh v. Mystic Tank Lines Corp., Wendi Walsh filed suit against Mystic Tank Lines Corporation (Mystic) to recover damages for an alleged wrongful death. (On June 10, 2005, Walsh's decedent was killed in a Suffolk County car accident.)

Although she was a resident of Nassau, Walsh filed the case in Queens County -- where Mystic was located. Mystic, however, asked to change the venue to Suffolk County claiming Queens was "inconvenient" for witnesses.

When the Queens County Supreme Court denied that request, Mystic appealed to the Appellate Division, Second Department.

In order to show a different county was more convenient, Mystic needed to identify its witnesses, and provide a statement outlining what they would be testifying about and why they would be "greatly inconvenienced if the location was not changed."

The AD2 found Mystic's venue-change request lacked the required detail because the company failed to state each witness's "anticipated testimony." The mere fact Suffolk County firefighters and police officers intervened at the scene and investigated the accident wasn't enough to justify the relocation.

Why was Mystic so mysterious?

For a copy of the Appellate Division's decision, please use this link: Walsh v. Mystic Tank Lines Corp