MBE Question of the Day

A man from State A signed up for a tour of a famous ghost town in State D. The tour company was incorporated and maintains its principal place of business in State B. During the tour, the man got very scared and had an anxiety attack. The group leader, a resident of State B, guided the hyperventilating man to a lake so he could splash the man with cold water. However, the lake turned out to be heavily polluted and the man sustained severe burns when the water was splashed on his face. The man sued the tour company and the group leader in a federal court in State B which had diversity jurisdiction. The court transferred the case to State D where the witnesses and evidence were located.

Which law should the State D court apply?

(A) The law of State B because State B was a proper venue.

(B) The law of State B because plaintiff’s choice of forum controls the law to be applied.

(C) The law of State D because the court must apply the law of the state it is sitting in.

(D) The law of State D because State D is a more appropriate venue.

Answer to be posted tomorrow…..