Owens v. Griffin Wood Co.

116 So. 3d 1111
CourtSupreme Court of Alabama
DecidedJanuary 11, 2013
Docket1111598 and 1120080
StatusPublished
Cited by5 cases

This text of 116 So. 3d 1111 (Owens v. Griffin Wood Co.) 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
Owens v. Griffin Wood Co., 116 So. 3d 1111 (Ala. 2013).

Opinion

WISE, Justice.

James Waltman and Progressive Casualty Insurance Company (“Progressive”) (hereinafter referred to collectively as “the petitioners”) separately petition this Court for a writ of mandamus directing the Perry Circuit Court to vacate its order denying Waltman’s and Progressive’s motions to transfer this action from the Perry Circuit Court to the Tuscaloosa Circuit Court and to enter an order granting the motions. We grant the petitions and issue the writs.

Facts and Procedural History

On July 14, 2011, John Owens, a resident of Hale County and an employee of Griffin Wood Company, Inc. (“Griffin Wood”), was operating a log truck on Greensboro Avenue in Tuscaloosa County; the log truck was not carrying any logs. At the same time, Waltman, a resident of Tuscaloosa County, was operating a vehicle that was towing a utility trailer on Greensboro Avenue. The utility trailer Waltman was towing disconnected from his vehicle and struck Owens’s truck, resulting in injuries to Owens.

On December 20, 2011, Owens sued Griffin Wood, Waltman, Progressive, and GEICO Indemnity Company (“GEICO”). Owens included a workers’ compensation claim against Griffin Wood based on an allegation that he was working in the line and scope of his employment for Griffin Wood at the time of the accident; claims of negligence, wanton and reckless conduct, [1113]*1113and negligent, reckless, and/or wanton violations of the rules of the road against Waltman; and uninsured/underinsured-motorist claims against Progressive and GEICO.1 Owens alleged, in part, that he filed the action in Perry County because Griffin Wood’s principal place of business is in Perry County. See § 6-S-7(a)(2), Ala. Code 1975.2

On February 8, 2012, Waltman filed a motion to transfer the action from Perry County to Tuscaloosa County. In support of his motion, Waltman contended that venue would be appropriate in Tuscaloosa County pursuant to § 6-3-2(3), Ala.Code 1975, because the accident occurred in Tuscaloosa County; because the “hitch on the tongue of the utility trailer Waltman was pulling had been attached to his vehicle by a company in Tuscaloosa [County on] the morning of’ the accident; and because Waltman was then residing in Tuscaloosa County and he was a resident of Tuscaloosa County at the time the accident occurred and at the time the complaint was filed. Waltman also argued that Perry County’s connection to the claims was very weak and that Tuscaloosa County’s connection to the claims was much stronger. Specifically, he contended that Perry County’s only connection to the case is that Griffin Wood has its principal place of business in Perry County and that, although Owens had alleged that he was engaged in the line and scope of his duties as an employee of Griffin Wood at the time of the accident, his log truck was not carrying any logs at the time of the accident. Therefore, citing § 6-3-21.1, Ala.Code 1975, Waltman argued that the action should be transferred to Tuscaloosa County based on the interest-of-justice prong of the doctrine of forum non conve-niens.

On February 9, 2012, Progressive filed a motion to transfer the case from Perry County to Tuscaloosa County. It adopted in its entirety the motion Waltman filed. Also, citing § 6-3-2(a)(3), Ala.Code 1975, it argued that venue for an automobile accident is normally proper in the county in which the accident occurred or the county in which the alleged tortfeasor resides, both of which, in this case, would be Tuscaloosa County.

On April 4, 2012, Owens filed an opposition to the motions to transfer. He argued that the citizens of Perry County have a strong interest in the affairs of one of its resident corporations and the determination of workers’ compensation benefits owed to its employees. Owens also argued that the provision for subrogation in § 25-5-11(a) of the workers’ compensation act

“clearly sets forth a strong interest and connection in the motor vehicle accident case to Perry County. Namely, one of the employers and participants in Perry County’s all-important timber business has a right to be fully compensated for any benefits extended to Owens from the party responsible for Owens’[s] injuries.”

Finally, he argued that “Alabama law is replete with cases tried in a county other than where an [automobile] accident occurred.” Owens concluded that Perry County did have a strong connection to and interest in the case and that, therefore, the interest of justice would not re[1114]*1114quire a change of venue from Perry County to Tuscaloosa County. On April 11, 2012, Waltman filed a reply to Owens’s opposition.

Griffin Wood moved to bifurcate the workers’ compensation count from the other counts in the complaint. On April 29, 2012, the circuit court granted the motion, ordering that “the workers’ compensation claim shall be tried without a jury and separately from the remaining counts in this lawsuit.”

On May 16, 2012, Waltman filed a supplement to his motion to transfer. In that supplement, he cited this Court’s decision in Ex parte Southeast Alabama Timber Harvesting, LLC, 94 So.3d 371 (Ala.2012), as being on point and supporting the transfer to Tuscaloosa County.

On September 9, 2012, the circuit court denied the motions to transfer the case. These petitions followed.

Standard of Review

“A petition for a writ of mandamus is the appropriate ‘method for obtaining review of a denial of a motion for a change of venue’ pursuant to § 6-3-21.1. Ex parte National Sec. Ins. Co., 727 So.2d 788, 789 (Ala.1998)....

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“ ‘A party moving for a transfer under § 6-3-21.1 has the initial burden of showing, among other things, one of two factors: (1) that the transfer is justified based on the convenience of either the parties or the witnesses, or (2) that the transfer is justified “in the interest of justice.”’ Ex parte Indiana Mills & Mfg., Inc., 10 So.3d 536, 539 (Ala.2008). Although we review a ruling on a motion to transfer to determine whether the trial court exceeded its discretion in granting or denying the motion, id., where ‘the convenience of the parties and witnesses or the interest of justice would be best served by a transfer, § 6-3-21.1, Ala.Code 1975, compels the trial court to transfer the action to the alternative forum.’ Ex parte First Tennessee Bank Nat’l Ass’n, 994 So.2d 906, 912 (Ala.2008) (emphasis added).”

Ex parte Wachovia Bank, N.A., 77 So.3d 570, 573 (Ala.2011).

Discussion

The petitioners argue that the circuit court exceeded its discretion in denying their motions to transfer the action from Perry County to Tuscaloosa County. Specifically, citing § 6-3-21.1, Ala.Code 1975, which governs when an action must be transferred to another venue under the doctrine of forum non conveniens, they contend that the interest-of-justice prong of the forum non conveniens statute mandates a transfer to Tuscaloosa County.

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

“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

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Bluebook (online)
116 So. 3d 1111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-griffin-wood-co-ala-2013.