State ex rel. Hollins v. Pritchett

395 S.W.3d 600, 2013 WL 607722, 2013 Mo. App. LEXIS 210
CourtMissouri Court of Appeals
DecidedFebruary 19, 2013
DocketNo. SD 31524
StatusPublished

This text of 395 S.W.3d 600 (State ex rel. Hollins v. Pritchett) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Hollins v. Pritchett, 395 S.W.3d 600, 2013 WL 607722, 2013 Mo. App. LEXIS 210 (Mo. Ct. App. 2013).

Opinion

JEFFREY W. BATES, J.

Relator Roberta Hollins (Hollins) filed a lawsuit in the Circuit Court of the City of St. Louis against Con-way Freight, Inc. and Kevin Beer (hereinafter referred to collectively as Defendants and individually as Con-way and Beer). Hollins sought damages for alleged employment discrimination pursuant to the Missouri Human Rights Act (MHRA), §§ 213.010-.137.1 The upshot of the petition was that Beer, whose office was located in the City of St. Louis, told his subordinate, Kenneth Gaff-ney (Gaffney), not to hire Hollins because of her race. At Defendants’ request, the trial court found that venue was improper pursuant to § 213.111 and transferred the case to the Circuit Court of Butler County. Hollins then sought a writ of mandamus to require the Honorable Michael M. Pritch-ett (Respondent) to transfer the case back to St. Louis. This Court issued a preliminary order in mandamus. Because the trial court abused its discretion in transferring the case to Butler County, we make permanent our preliminary writ in mandamus and direct that the underlying cause be transferred back to the Circuit Court of the City of St. Louis.2

[602]*602Background

In January 2011, Hollins filed her underlying petition against Defendants in the City of St. Louis, alleging that, in violation of the MHRA, “Defendants failed to hire [her] and discriminated against [her] because of her race[.]” Hollins also alleged that when Beer discovered that “Hollins was African-American, he told Gaffney by email and/or phone that he did not want Gaffney to hire Hollins because of her race. Upon information and belief, Beer made such comments from his office in St. Louis.” Thereafter, Defendants moved to transfer venue to Poplar Bluff in Butler County. In connection with the motion to transfer, the parties supplied the trial court with the following materials: (1) the 2008 depositions of Beer and Gaffney, which had been taken in a related Title VII action brought by Hollins in federal court; and (2) an April 2011 affidavit from Beer. The trial court-granted the motion, finding the facts “insufficient to give rise to proper venue in the City of St. Louis on the basis of defendant Beer’s conduct.” Hollins then filed a petition in mandamus and requested that this Court order the case to be transferred back to St. Louis.

Standard of Review

“The standard of review for writs of mandamus and prohibition, including those pertaining to motions to transfer venue, is abuse of discretion, and an abuse of discretion occurs where the circuit court fails to follow applicable statutes.” State ex rel. City of Jennings v. Riley, 236 S.W.3d 630, 631 (Mo. banc 2007). In Missouri, “[v]enue is set by statute.” State ex rel. Missouri Pub. Serv. Comm’n v. Joyce, 258 S.W.3d 58, 60-61 (Mo. banc 2008); Igoe v. Dep’t of Labor and Indus. Relations of Missouri, 152 S.W.3d 284, 289 (Mo. banc 2005). Venue in an MHRA action is governed by § 213.111.1, which provides that “an action may be brought in any circuit court in any county in which the unlawful discriminatory practice is alleged to have occurred....” Id. (emphasis added). Section 213.111.1 “is a specific venue provision; it supersedes the general venue statute, § 508.010.” Igoe, 152 S.W.3d at 288; State ex rel. City of St. Louis v. Kinder, 698 S.W.2d 4, 6 (Mo. banc 1985).

Hollins’ petition alleged that Beer’s discriminatory comments were made at his office in St. Louis. Once Defendants challenged venue, it became Hollins’ burden to show that she had an honest belief that there was a justiciable claim against a resident party. See Raskas Foods, Inc. v. Southwest Whey, Inc., 978 S.W.2d 46, 49 (Mo.App.1998); Igoe, 152 S.W.3d at 288. “[D]espite the subjective connotation of the term ‘honest belief the standard is an objective one, perhaps more appropriately denominated as a ‘realistic belief that under the law and the evidence a justiciable claim exists.” Bottger v. Cheek, 815 S.W.2d 76, 80 (Mo.App.1991). Thus, the issue before the trial court was whether the record showed Hol-lins had an honest and objectively realistic belief that the City of St. Louis was the location “in which the unlawful discriminatory practice is alleged to have occurred[.]” § 213.111.1; see also Igoe, 152 S.W.3d at 288; Rule 51.045. Based upon our review of that record, the trial court was presented with the following facts relevant to the venue issue.3

[603]*603Con-way is a national trucking company with offices in St. Louis. Beer is a regional manager who was responsible for 12 service centers or terminals (terminals) in Missouri, Illinois, Indiana, Iowa and Kentucky. Beer works at the St. Louis office. He typically spends 75% of his time traveling to terminals in his territory and elsewhere. Beer communicates with fellow employees at the various terminals primarily by telephone and e-mail.

One of the Missouri terminals is located in Butler County at Poplar Bluff. Between June and December 2005, Gaffney was the terminal manager at the Poplar Bluff facility. Gaffney reported to Beer. Generally, both Beer and the terminal manager were involved in hiring individuals to work at the terminal. After Beer obtained authorization to fill an open position, he would contact the terminal manager to start the hiring process. Depending on the position to be filled, Beer and the terminal manager would discuss the qualifications of a particular candidate before the terminal manager selected a final candidate for the position. According to Conway’s hiring policy, once a terminal manager selects a candidate, the manager must submit the candidate’s application to the personnel offiee for a background check, which the candidate must pass for approval to hire. The candidate must also pass a drug test.

In June 2005, Hollins applied for a part-time position as a customer service representative (CSR) at the Poplar Bluff terminal. After Gaffney interviewed Hollins, he called Beer and said Hollins was the “ideal candidate” for the CSR position. According to Gaffney, when he told Beer that Hollins was black, Beer discouraged Gaff-ney from hiring her. Beer said, “you don’t want to open this can of worms, there must be a better choice, [Gaffney], for you down there in Poplar Bluff.” Later, Gaff-ney and Beer discussed Hollins “multiple times” via e-mail. In those discussions, Beer repeatedly discouraged Gaffney from hiring Hollins because of her race, warning Gaffney that he “probably [doesn’t] want to go that route” and that “if it’s not an issue now, it’s going to be.” Because Beer was Gaffney’s boss and mentor, Gaffney did not want to disappoint Beer and select a candidate whom Beer would not support. Although discouraged from hiring Hollins initially, however, Gaffney still continued to consider Hollins as the “right person” for the job.

In November 2005, Gaffney interviewed Hollins a second time.

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Related

State Ex Rel. Missouri Public Service Commission v. Joyce
258 S.W.3d 58 (Supreme Court of Missouri, 2008)
Igoe v. Department of Labor and Industrial Relations of the State
152 S.W.3d 284 (Supreme Court of Missouri, 2005)
State Ex Rel. Dilliard's, Inc. v. Ohmer
190 S.W.3d 570 (Missouri Court of Appeals, 2006)
Raskas Foods, Inc. v. Southwest Whey, Inc.
978 S.W.2d 46 (Missouri Court of Appeals, 1998)
State Ex Rel. City of St. Louis v. Kinder
698 S.W.2d 4 (Supreme Court of Missouri, 1985)
STATE EX. REL. CITY OF JENNINGS v. Riley
236 S.W.3d 630 (Supreme Court of Missouri, 2007)
State Ex Rel. Auto Owners Insurance Co. v. Messina
331 S.W.3d 662 (Supreme Court of Missouri, 2011)
McCoy v. THE HERSHEWE LAW FIRM, PC
366 S.W.3d 586 (Missouri Court of Appeals, 2012)
Bottger v. Cheek
815 S.W.2d 76 (Missouri Court of Appeals, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
395 S.W.3d 600, 2013 WL 607722, 2013 Mo. App. LEXIS 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-hollins-v-pritchett-moctapp-2013.