A cyclist from State A was cycling her way across the United…
A cyclist from State A was cycling her way across the United States. While cycling through State B at night, the cyclist was struck by a local resident chauffeur. The chauffeur attempted to swerve and avoid the cyclist, but failed and hit a light pole, causing the chauffeur severe injuries. The cyclist was in a hospital in State B for one month, and the chauffeur also was hospitalized for a couple of weeks. Disappointed that she could not continue her trip, and having a pile of unpaid medical bills, the cyclist sued the chauffeur in federal court in State B, seeking damages in excess of $75,000. The chauffeur was properly served with process, but, still on the mend from his injuries from the accident, he put the summons and complaint in a desk drawer and promptly forgot about them, resulting in his failure to file an answer or respond to the process in any way. The court entered a default judgment against him for $125,000. Thereafter, the chauffeur sued the cyclist in a federal court in State A, seeking damages of $100,000 for his injuries. If the cyclist timely files a motion to dismiss the chauffeur’s action, how should the court rule?