Class 8 - 1-09-07 - Question - 1

Bill's mother dies. He thus flies from his domicile in San Diego, California to the funeral in Pittsburgh, Pennsylvania. He rents a car at the airport and has an automobile accident while driving to a relative's house in Pittsburgh. After the funeral, Bill returns to his desk job in San Diego.

Bill retains a Pittsburgh lawyer who sues Debbie, the Pittsburgh resident who was driving an unusual sports car at the time of the accident. Lawyer files Bill's suit in a Pennsylvania state court, based on Debbie's alleged negligence. In addition to property damages for the car in which he was driving, Bill's complaint seeks compensation for a temporary injury to his arm which bothered him only on the day of the accident.

Bill's complaint further alleges that Debbie was operating her vehicle in violation of the Federal Highway Safety Act (FHSA). That Act prohibits the operation of cars–designed exclusively for racing in competitive events–on any public highway in the United States. Debbie was driving a prohibited racing car to the airport, when she collided with Bill.

Debbie's lawyer answers the complaint and timely removes this case to the federal court in Pittsburgh.

Does the federal court have subject matter jurisdiction to hear this case?