Indiana Supreme Court Ruling on Preferred Venue
The Indiana Supreme Court held that a county in which a passenger's damaged property was regularly located was not a county of preferred venue in an automobile accident case. The Indiana Supreme Court disapproved two prior Indiana Court of Appeals decisions in which the plaintiffs were allowed to use a claim for personal property damaged in an automobile collision to establish preferred venue in the plaintiff's home county, rather than the county in which the accident occurred or the defendant's home county. In disapproving the prior Indiana Court of Appeals cases, the Indiana Supreme Court refused to broadly interpret Indiana Trial Rule 75(A)(2) to allow preferred venue in the plaintiff's county of residence, where it would ordinarily have secondary status.
R&D Transport, Inc. v. A.H., 859 N.E.2d 332 (Ind. 2006).
