News
10/6/2006 - Supreme Court Grants Mandamus Relief Requiring Change of Venue From Macon County
MONTGOMERY--A unanimous Alabama Supreme Court today ordered a Macon County trial court to transfer venue of a personal injury case to Lee County where the accident occurred. Plaintiff had been injured when her car collided with a dump truck in Lee County. She and her husband Kurt sued the driver of the truck, Ricky Fuller, and his employer, M&M Trucking Company, Inc., in the Macon Circuit Court. The defendants moved to transfer the case to the Lee Circuit Court pursuant to Ala. Code 1975, Section 6-3-21.1, the forum non conveniens statute. They asserted that the Crains, M&M Trucking, most of the witnesses,all of the evidence, and the accident site were in Lee County. The trial court denied the motion to transfer and the defendants filed for a writ of mandamus.
The Supreme Court noted that because venue was proper in either county Fuller and M&M Trucking had to demonstrate that Lee County was "significantly more convenient" than the county where the action was filed. The Court explained that although one of the eyewitnesses resided in Macon County, he signed an affidavit declaring that Lee County would be a more convenient forum for him. While Fuller resided in Macon County, he worked in Lee County. All other parties, witnesses, and evidence were located in Lee County, and the accident occurred there. Based on those facts, the Court held that the interest of justice required a transfer to Lee County.
Defendants were represented at trial and on appeal by Paul M. James, Jr. of Rushton, Stakely, Johnston & Garrett, P.A. The plaintiffs were presented by Robert M. Harper.
Ex parte Fuller (In re: Crain v. Fuller), 15 ALW 41-1 (1041758).