A Volkswagen on a highway in Dallas was hit from behind and pushed into a truck parked on the side of a freeway. One person in the VW was injured and one was killed. The survivor sued VW, contending that design defects in the car caused the injury and death. The survivor filed sued in federal court in Marshall, Texas, 155 miles east of Dallas. VW moved to transfer venue to federal court in Dallas, contending that the VW was bought in Dallas, the accident occurred there, witnessed were in Dallas, Dallas police responded to the accident, medical care was given in Dallas, the driver who struck the VW was in Dallas, and no party related to the litigation lives in Marshall.
The district court refused to move the case. VW appealed. Do you think the case should be moved and what would the reason be? [In re: Volkswagen of America, 545 F.3d 304 (5th Cir., 2008)]