Cotugno v. Union Pacific Railroad

Motion by defendant Union Pacific Railroad Co. for an order dismissing the action and vacating the service of the summons and complaint on the grounds (1) that this court does not have jurisdiction over the subject matter in that assumption of jurisdiction would impose an undue burden on interstate commerce and (2) that this court is a forum, non conveniens.

The action is brought to recover damages for injuries sustained in a collision of two motor vehicles on a public highway in the State of California. Both cars bore California registrations. Plaintiff is a resident of the State of New York…