Breskman v. Williams

KRAFT, District Judge.

Before the court are two motions by the defendant, Odessa Williams, to dismiss the action under Fed.Rules Civ. Proc. rule 12(b), 28 U.S.C.A. The first motion asks dismissal for lack of venue. The later motion requests it for (a) lack of jurisdiction over defendant’s person ; (b) insufficiency of service of process.

The suit, brought by Louis J. Breskman as administrator of the Estate of Anna Gerber, arises from an automobile collision in this district which resulted in her death. The original complaint, asserting diversity of citizenship, alleges that plaintiff was a…