Determining the appropriate circuit court in which to file a Maryland personal injury action depends on several factors. In certain situations, the plaintiff’s initial choice of venue may be transferred to another court at the request of a defendant. In a September 23, 2021 opinion, the Court of Special Appeals of Maryland reviewed whether a circuit court had properly granted the defendant’s motion for a change of venue.
The plaintiff in the case alleged that he suffered injuries as a result of a forklift accident at the defendant’s warehouse, which was located in Howard County. The accident occurred as the plaintiff was moving boxes onto a loading dock. At the same time, an employee of the defendant was operating a forklift to transport trash from the loading dock. The plaintiff claimed that the employee struck and rolled over the plaintiff with the forklift, causing bodily injuries.
The plaintiff filed a negligence action against the employee operating the forklift and the defendant in the circuit court for Prince George’s County. The defendant subsequently moved to transfer venue to Howard County, arguing that its principal place of business is in Howard County, the accident occurred in Howard County, and at least some witnesses would be from Howard County. When the court granted the motion, the plaintiff appealed.