Ex parte Baptist Health System, Inc.

210 So. 3d 618
CourtCourt of Civil Appeals of Alabama
DecidedMay 27, 2016
Docket2150580
StatusPublished
Cited by3 cases

This text of 210 So. 3d 618 (Ex parte Baptist Health System, Inc.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex parte Baptist Health System, Inc., 210 So. 3d 618 (Ala. Ct. App. 2016).

Opinion

THOMAS, Judge.

In December 2015, Laura Wyatt was injured while handling laundry during the course of her employment at Shelby Baptist Medical Center (“the medical center”). Wyatt filed in the Jefferson Circuit Court (“the trial court”) a complaint seeking workers’ compensation benefits from her employer, Baptist Health System, Inc. (“Baptist”), which owns and operates the medical center. On January 20, 2016, Baptist filed in the trial court a motion to change venue under the forum non conve-niens statute, Ala.Code 1975, § 6-3-21.1, seeking to have the action transferred to the Shelby Circuit Court.1 In support of its motion, Baptist attached the affidavit of Kerry D. Black, its executive director of legal services, who stated that Wyatt’s home address indicated that she resided in Shelby County, that Wyatt was employed at the medical center, which is located in Shelby County, that the accident occurred at the medical center, and that Wyatt was initially treated for her injuries at the medical center. Thus, Baptist argued, transfer of the action to the Shelby Circuit Court was required because it would be the more convenient forum for the parties and the witnesses and because Shelby County has a far stronger connection or nexus to the action than does Jefferson County.

Wyatt responded to Baptist’s motion. She argued that transfer of the action to the Shelby Circuit Court was not required under § 6-3-21.1. As support for her argument that the action should not be transferred, Wyatt presented evidence indicating that Baptist’s principal place of business was located in Jefferson County and that, after her initial treatment at the medical center, she had received further treatment for her injuries in Jefferson County from Dr. Keneshia Kirksey at the University of Alabama Birmingham Hospital Spain Rehabilitation Clinic. Those facts, Wyatt contended, indicated that Jefferson County was an appropriate forum with sufficient connection to the action. Wyatt further argued that because, she said, Baptist had not presented evidence indicating that Shelby County would be a “significantly more convenient” forum, see Ex parte Nichols, 757 So.2d 374, 378 (Ala.1999), Baptist’s motion should be denied.

After a hearing, the trial court denied Baptist’s motion on March 11, 2016. Baptist timely filed this petition for a writ of mandamus on April 15, 2016. After a consideration of the arguments raised by both parties, we grant the petition.

“The proper method for obtaining review of a denial of a motion for a change of venue in a civil action is to petition for a writ of mandamus. Lawler Mobile Homes, Inc. v. Tarver, 492 So.2d 297, 302 (Ala.1986). When we consider a mandamus petition relating to a venue ruling, our scope of review is to determine if the trial court abused its [621]*621discretion, i.e,, whether it exercised its discretion in an arbitrary and capricious manner.’ Ex parte Integon Corp., 672 So.2d 497, 499 (Ala.1995). ‘A writ of mandamus is an extraordinary remedy, requiring the showing of: (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty on the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) the properly invoked jurisdiction of the court.’ Ex parte Nichols, 757 So.2d 374, 376 (Ala.1999).”

Ex parte Yocum, 963 So.2d 600, 602 (Ala.2007).

Baptist relies on the forum non conve-niens statute, specifically § 6-3-21.1(a), which reads:

“With respect to civil actions filed in an appropriate venue, any court of general jurisdiction shall, for the convenience of parties and witnesses, or in the interest of justice, transfer any civil action or any claim in any civil action to any court of general jurisdiction in which the action might have been properly filed and the case shall proceed as though originally filed therein. Provided, however, this section shall not apply to eases subject to [Ala.Code 1975,] Section 30-3-5.”

We explained the burden on a party seeking a change of venue under the forum non conveniens statute in Ex parte Veolia Environmental SVC, 122 So.3d 839, 842 (Ala.Civ.App.2013):

“Under the forum non conveniens statute, a trial court must transfer an action when a party seeking the transfer proves either (1) that the convenience of the parties or witnesses would be significantly aided by transfer, see Ex parte Nichols, 757 So.2d 374, 378 (Ala.1999) (‘[T]he burden is on the party moving for the transfer to prove that the transferee forum is significantly more convenient than the plaintiffs chosen forum.’), or (2) that the ‘interests of justice’ necessitate a transfer. Ex parte National Sec. Ins. Co., 727 So.2d 788, 790 (Ala.1998) (‘[T]he “interest of justice” [prong] requirefe] the transfer of [an] action from a county with little, if any, connection to the action, to the county with a strong connection to the action.’).
“ ‘ “A defendant moving for a transfer under § 6-3-21.1 has the initial burden of showing that the transfer is justified, based on the convenience of the parties or witnesses or based on the interest of justice.” ’ Ex parte Kane, 989 So.2d 509, 511 (Ala.2008) (quoting Ex parte National Sec. Ins. Co., 727 So.2d at 789). ‘Our review is limited to only those facts that were before the trial court.’ Ex parte Kane, 989 So.2d at 511. Further, ‘those facts “must be based upon ‘evi-dentiary material,’ which does not include statements of counsel in motions, briefs, and arguments.” ’ Ex parte Indiana Mills & Mfg., Inc., 10 So.3d [536,] 541 n. 3 [ (Ala.2008) ] (quoting Ex parte ADT Sec. Servs., Inc., 933 So.2d 343, 345 (Ala.2006)).”

Baptist argues that a change of venue under § 6-3-21.1 is warranted in this action because the facts demonstrate that Shelby County has the more significant connection to the action, especially because the accident giving rise to Wyatt’s claim occurred in Shelby County.

“‘The “interest of justice” prong of § 6-3-21.1 requires “the transfer of the action from a county with little, if any, connection to the action, to the county with a strong connection to the action.” Ex parte National Sec. Ins. Co., 727 So.2d [788,] 790 [ (Ala.1998) ]. Therefore, “in analyzing the interest-of-justice prong of § 6-3-21.1, this Court focuses on whether the ‘nexus’ or ‘connection’ between the plaintiffs action and the [622]*622original forum is strong enough to warrant burdening the plaintiffs forum with the action.” Ex parte First Tennessee Bank Nat’l Ass’n, 994 So.2d 906, 911 (Ala.2008). Additionally, this Court has held that “litigation should be handled in the forum where the injury occurred.” Ex parte Fuller, 955 So.2d 414, 416 (Ala. 2006). Further, in examining whether it is in the interest of justice to transfer a case, we consider “the burden of piling court services and resources upon the people of a county that is not affected by the case and ... the interest of the people of a county to have a case that arises in their county tried close to public view in their county.” Ex parte Smiths Water & Sewer Auth., 982 So.2d 484, 490 (Ala.2007).’ ”

Ex parte Waltman, 116 So.3d 1111, 1115 (Ala.2013) (quoting Ex parte Indiana Mills & Mfg., Inc., 10 So.3d 536, 540 (Ala.2008)).

Our supreme court explained a trial court’s duty to transfer an action under § 6-3-21.1 in

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Bluebook (online)
210 So. 3d 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-baptist-health-system-inc-alacivapp-2016.