Ex Parte Huntsville Hosp.

540 So. 2d 1344
CourtSupreme Court of Alabama
DecidedSeptember 30, 1988
Docket87-759, 87-779
StatusPublished

This text of 540 So. 2d 1344 (Ex Parte Huntsville Hosp.) is published on Counsel Stack Legal Research, covering Supreme Court 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 Huntsville Hosp., 540 So. 2d 1344 (Ala. 1988).

Opinion

540 So.2d 1344 (1988)

Ex parte HUNTSVILLE HOSPITAL.
(In re Millie Vivian BOCKELMAN and Larry Bockelman v. Stancel M. RILEY, Jr., et al.) (Two Cases).
Ex parte Stancel M. RILEY, Jr., et al.

87-759, 87-779.

Supreme Court of Alabama.

September 30, 1988.
Rehearing Denied March 24, 1989.

Stanley Rodgers and Robert E. Ledyard III of Ford, Caldwell, Ford & Payne, Huntsville, for petitioner Huntsville Hos.

Harold F. Herring and Y. Albert Moore III of Lanier, Shaver & Herring, Huntsville, for petitioners Riley.

Edward L. Hardin, Jr. of Hardin & Taber, Birmingham, for respondents Bockelman.

MADDOX, Justice.

The question presented by these petitions for writ of mandamus requires us to construe two acts included in the socalled "tort reform package" passed during the Regular Session of the Legislature in 1987. The specific issue is whether the trial judge should have transferred this medical malpractice lawsuit from Jefferson County, where only one of the defendants resides, to Madison County, where most of the defendants reside or do business. To decide that issue, we must determine whether the general statute relating to the change of venue to the place where a case should be tried for the convenience of the parties and witnesses (Act 87-181, Ala. Code (1975), § 6-3-21.1) applies, or whether the forum non conveniens provisions of the Medical Liability Act of 1987 (Act 87-189, Ala. Code (1975), § 6-5-546) is applicable.

The cause of action accrued before June 11, 1987, the effective date of both Acts, but suit was not filed until after June 11, 1987. We hold, therefore, that § 6-3-21.1, applies, and grant the writ.

FACTS

The plaintiffs, Millie V. and Larry Bockelman, filed a medical malpractice action against Huntsville Hospital; Stancel M. Riley, Jr., M.D.; Stancel M. Riley, Jr., M.D., P.C.; Henry Younes, M.D.; Anesthesia Associates of Huntsville, P.A.; Phillip Laney; and, R. Braswell, who were all in some way involved in a surgical procedure performed on Millie Bockelman on December 16, 1985.

The suit was filed on December 16, 1987, in the Circuit Court of Jefferson County. Only one of the defendants lives in Jefferson County. All the other defendants either reside in Madison County or were doing business only in Madison County. Furthermore, the plaintiffs are permanent residents of Madison County. All of the Madison County defendants filed motions with the Jefferson Circuit Court seeking to have the action moved to the Circuit Court of *1345 Madison County pursuant to Ala. Code 1975, § 6-3-21.1. After a hearing, the trial judge, the Honorable John N. Bryan, Jr., overruled the motions. The defendants then filed this petition, asking this Court to order Judge Bryan to grant the motions to transfer.

As initially stated, this case involves the construction of the provisions of two acts of the Legislature included in the socalled "tort reform package," relating to the proper venue of tort actions—Act 87-181 (Ala. Code 1975, § 6-3-21.1), and Act 87-189 (Ala. Code 1975, § 6-5-546).

Ala. Code 1975, § 6-3-21.1, in pertinent part, provides:

"(a) 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 cases subject to section 30-3-5.
"(b) The right of a party to move for a change or transfer of venue pursuant to this statute is cumulative and in addition to the rights of a party to move for a change or transfer of venue pursuant to section 6-3-20, section 6-3-21 or Alabama Rules of Civil Procedure. (Acts 1987, No. 87-181, § 1.)"

It is clear from the language of § 4 of Act 87-181 that it does not apply to any civil action pending on the effective date of the act—June 11, 1987. This case, of course, was not pending on June 11, 1987.

The plaintiffs concede that if § 6-3-21.1 applies to this case, then the defendants' motions are meritorious. They contend, however, that § 6-3-21.1 does not apply, but that § 6-5-546, which was passed in the same session of the Legislature, is controlling. Section 6-5-546 is a part of the "Alabama Medical Liability Act of 1987" and contains its own forum non conveniens provision. It provides:

"In any action for injury or damages or wrongful death whether in contract or in tort against a health care provider based on a breach of the standard of care, the action must be brought in the county wherein the act or omission constituting the alleged breach of the standard of care by the defendant actually occurred. If plaintiff alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions which took place in more than one county within the state of Alabama, the action must be brought in the county wherein the plaintiff resided at the time of the act or omission, if the action is one for personal injuries, or wherein the plaintiff's decedent resided at the time of the act or omission if the action is one for wrongful death. If at any time prior to the commencement of the trial of the action it is shown that the plaintiff's injuries or plaintiff's decedent's death did not result from acts or omissions which took place in more than one county, on motion of any defendant the court shall transfer the action to such county wherein the alleged acts or omissions actually occurred. For the convenience of parties and witnesses, in the interest of justice, a court may transfer any action to any other county where it might have been brought hereunder and/or may order a separate trial as to any claim or party. (Acts 1987, No. 87-189, § 7.)"

This statute applies to all actions accruing after June 11, 1987, and, by express provision, supersedes any inconsistent provision of law. Section 13 of the Medical Liability Act provides that "[t]his Act applies to all actions against health care providers... accruing after [June 11, 1987,] and as to such causes of action, shall supersede any inconsistent provision of law." Ala. Code, 1975, § 6-5-552. It is not disputed that this cause of action accrued before June 11, 1987, but was not filed until after June 11, 1987. Both of the statutes here in issue were signed into law by the Governor on the same date. The general forum non conveniens statute (§ 6-3-21.1) was signed before the Medical Liability Act of 1987, and that has legal *1346 significance because, by its terms, the Alabama Medical Liability Act of 1987 "supersede[s] any inconsistent provision of law."

The defendants argue that § 6-3-21.1 is applicable to medical malpractice actions that accrued before June 11, 1987, but were not filed until after June 11, 1987. We agree. The plaintiffs argue that the legislature consciously chose a different effective date in the Medical Liability Act of 1987 because it did not intend for the doctrine of forum non conveniens to apply to causes of action for medical malpractice that had already accrued. They contend that this particular action had accrued before the effective date of that Act, and that Judge Bryan was without authority to transfer the case. Judge Bryan agreed with the plaintiffs and entered the following order:

"February 18, 1988. This motion before the court this date.

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Ex Parte Huntsville Hosp.
540 So. 2d 1344 (Supreme Court of Alabama, 1988)

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540 So. 2d 1344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-huntsville-hosp-ala-1988.