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Improper Venue Case Study

Decent Essays

I. Venue The first issue is whether the court err in denying Wright’s motion to transfer for improper venue. The purpose of venue rule is to protect local trial courts from having to entertain claims that have little or no connection with the locality. Venue is proper in a county where the defendant resides or the transaction giving rise to the cause of action occurred. A partnership organized or transact business in IL is a resident for venue purpose of any county in which it has its registered office or other office or is doing business. Here, Wright is a resident of Du Page county and General Hospital, LLP (General) located in Will County. Choi filed his claim against Wright and General in Du Page County. The defendants filed motion to transfer venue to Will’s county based on improper venue. However, Venue is proper because one of the defendants lives in De Page County. …show more content…

II. Discovery Rule The second issue inquires the effect of discovery rule in the statute of limitation rule applicable in Choi claim. Under discovery rule, the statute of limitation begins to run when the plaintiff knew or should have known that they suffered an injury or the injury is caused by the defendant. Statute of limitation for negligence claim is 2 years. Here, the operation that gives rise to Choi injury took place on June 15, 2004. Choi learned about the injury on July 31, 2008 when he received the letter from General’s Internal Investigation Report. Until this point and before the test, Choi didn’t know that the operation caused him contraction of Hepatitis C. Pursuant to discovery rule, the 2 year limitation period starts to run from this time onwards and Choi brought his suet before the end of this 2 years period. Therefore, pursuant to discovery rule Choi’s claim is not bard by the statute of

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