9/13/2010
In January 2007, O&S Trucking filed suit against the Federal Motor Carrier Safety Administration alleging that it is being forced to defend an accident lawsuit in Kansas City, Missouri because of a clerical error by the agency. Federal law requires motor carriers to designate a legal process agent in all states in which it operates. O&S Trucking, which is located in Missouri, designated itself in so far as Missouri is concerned. However, O&S claims that FMSCA erroneously listed a Kansas City law firm as its agent. As a result of the erroneous listing, a plaintiff who has filed a wrongful death lawsuit against O&S, has sued in Kansas City as opposed to where the accident occurred or where O&S is located. Kansas City is commonly recognized as being a “liberal” jurisdiction in terms of jury verdicts and settlements. As we know, venue is a hot issue in Missouri and trucking companies want to avoid the City of St. Louis and Jackson County whenever possible.