The Superior Court of Middlesex County, New Jersey recently granted a Motion to Transfer Venue brought by Callahan & Fusco on behalf of their client, a Community Association, transferring the underlying matter from the venue where the matter was filed to the venue where the underlying accident occurred. See Appelgate, et al. v. Legacy at Mansfield Meadows Homeowners’ Association, et al.
The underlying personal injury suit arises from an accident that occurred in November 2021, when a female tripped and fell on the curb of a sidewalk within her age-restricted community located in Warren County, New Jersey. As a result of the accident, the female sustained serious and severe injuries. In August 2022, suit was filed in the Superior Court of Middlesex, New Jersey, on behalf of the female against the community association, the property developer, and the property management alleging claims of negligence resulting from the defendants’ failure to properly maintain the exterior concrete sidewalk where the female allegedly fell.
Upon receipt of the Complaint, Callahan & Fusco, on behalf of their client, the Community Association, filed a pre-answer motion requesting the Court to transfer venue in the action from Middlesex County to Warren County. Pursuant to New Jersey R. 4:3-2(a), venue shall be laid by the plaintiff in the county in which the cause of action arose, or in which any party to the action resides at the time of its commencement. In New Jersey, a plaintiff’s choice of venue is generally not disturbed absent a showing of a compelling reason.
In support of their motion, the Association argued that R. 4:3-2(a) was designed to place litigation at a location convenient to parties and witnesses. (See Doyley v. Schroeter, 191 N.J. Super. 120, 124-26 (Law Div. 1983)). Specifically, to this point, the Association asserted that the action must be transferred to Warren County in the interest of justice as the cause of action arose in Warren County. Moreover, the Association emphasized the fact that a majority of the defendants, including the Association, reside in Warren County, while pointing out that, notwithstanding residency of a co-defendant, the pending action has no nexus to Middlesex County and none of the issues related to the underlying action arose in Middlesex County. The Association further argued that the pending action will require lengthy discovery that may involve relevant witnesses and experts who may be called on to provide testimony as to the alleged accident or condition of the premise, and these witnesses and experts would be inconvenienced if required to travel to Middlesex County from Warren County.
After review of the motion, the Court ruled in favor of the Association, granting their motion, and transferring the underlying action from Middlesex County to Warren County. The Court reasoned that the mere fact that one party to the action resides in Middlesex County was not enough to outweigh the fact that the accident occurred in Warren County and the rest of the other parties, including plaintiff, reside in Warren County. The Court further reasoned that it would go against the best interest of justice to obligate the parties and expert witnesses to travel back and forth between Warren and Middlesex County. Accordingly, the action was transferred to Warren County.
From a defense perspective, Appelgate, teaches us the importance of establishing a strong defensive foundation to handle and manage future litigation strategies that may arise. In New Jersey, like many other states, a motion to transfer the venue of an action is only permitted at the early stages of litigation and before the parties engage in discovery. Therefore, prior to engaging in potentially long discovery, it is crucial to select an experienced defense counsel with a keen eye to the factual details of a claim to be proactive and in a position to handle a claim in the best interest of their client.