Civ Pro Exam 2
Civ Pro Exam 2
On January 25, 1982, while walking along the train tracks in his hometown of Portland, Oregon, a loose object hanging off the train hit Allan. The train was owned by X-Trains, a corporation that is incorporated in Delaware with places of business in many states in the United States. Their headquarters are situated in Oregon, however their biggest train station with over 200 departures and arrivals per day is situated in New Orleans, Louisiana.
On January 15, 1985, Allan was coincidentally going to New Orleans for Mardi Gras, and decides to file suit in district court New Orleans. The statute of limitations in Louisiana for negligence claims is three years, while in Oregon it is two years. On Allan’s complaint, he states, “On January 25, 1982, X-Trains negligently operated a train travelling through Portland, Oregon. A loose hanging object from the train operated by X-Trains injured plaintiff. Plaintiff is a citizen of Oregon. Defendant is incorporated in Delaware and its principal place of business is in Oregon. Plaintiff sues in district court arising under diversity of citizenship jurisdiction. Plaintiff demands relief of $60,000 in compensatory and $60,000 in punitive damages.”
Under Louisiana law, punitive damages are not awarded for tortious conduct, however Oregon permits both compensatory and punitive damages. Under Louisiana’s conflicts of law doctrine, the law of the state in which the events that gave rise to the action applies. On January 31, 1985, Allan files to amend his complaint to say that X-Trains principal place of business is Louisiana. X-Trains immediately thereafter files for dismissal because the statute of limitations has expired.