Tinney v. East Alabama Medical Center

109 So. 3d 1114, 2012 WL 5077235, 2012 Ala. LEXIS 136
CourtSupreme Court of Alabama
DecidedOctober 19, 2012
Docket1111364
StatusPublished
Cited by13 cases

This text of 109 So. 3d 1114 (Tinney v. East Alabama Medical Center) 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
Tinney v. East Alabama Medical Center, 109 So. 3d 1114, 2012 WL 5077235, 2012 Ala. LEXIS 136 (Ala. 2012).

Opinion

MAIN, Justice.

East Alabama Medical Center (“EAMC”) petitions this Court for a writ of mandamus directing the Randolph Circuit Court to transfer the action filed against it by John Tinney to the Lee Circuit Court. For the reasons set out below, we grant the petition and issue the writ.

I. Factual Background and Procedural History

Tinney represented Jerry Benefield in a personal-injury action arising out of a motor-vehicle accident. Benefield was treated at EAMC for injuries he sustained in the accident. EAMC filed a hospital lien in Lee County for $3,361 against any recovery Benefield might receive in settlement of his personal-injury action. Tinney recovered a settlement for Benefield. As part of the settlement, Progressive Insurance Company issued a check made payable to EAMC and Tinney in the amount of $3,361.

On October 14, 2011, Tinney filed the underlying lawsuit against EAMC in the Randolph Circuit Court, claiming that he had asked EAMC to allow him to receive 40% of the lien check as an attorney fee but that EAMC “failed and refused to negotiate the check or to agree on a division of the money.” On November 18, 2011, EAMC moved to transfer the action to Lee County, citing § 6-3-7, Ala. Code 1975, and stating that its principal office is located in Opelika, Lee County; that Lee County is where all actions taken by EAMC, such as telephone calls and letters, occurred; and that EAMC has no facilities and does no business by agent in Randolph County. In support of its motion for a change of venue, EAMC filed an affidavit of its president, Terry Andrus. According to Andrus, EAMC is an Alabama corporation that has its principal office in Opelika, Lee County. Further, Andrus stated, EAMC has no facilities in Randolph County and has not done business by agent in Randolph County. EAMC also filed an affidavit of its business-office supervisor, Sandra Davis. According to Davis, “[a]ll actions taken by EAMC and it employees with respect to Jerry Benefield or his lawyer[,] John Tinney[,] took place in Lee County, Alabama.” Davis further stated that all communications regarding the delinquent account, the hospital lien, and any reduction in the lien amount occurred in Lee County and that no activities occurred in Randolph County.

Tinney did not file a response in opposition to EAMC’s motion for a change of venue. On February 16, 2012, the trial court conducted a hearing on the venue question. On June 6, 2012, the trial court denied EAMC’s motion for a change of venue without stating any ground. The trial court’s order stated in its entirety: “Motion having been made to transfer venue in the above case and the Court having considered the same, the motion is due to be denied.” EAMC timely petitioned this Court for mandamus relief.

II. Standard of Review

“‘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 the writ of mandamus.’ Ex parte Alabama Great Southern R.R., 788 So.2d 886, 888 (Ala.2000). ‘Mandamus is a drastic and extraordinary writ, to be issued only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack [1116]*1116of another adequate remedy; and (4) properly invoked jurisdiction of the court.’ Ex parte Integon Corp., 672 So.2d 497, 499 (Ala.1995). Moreover, our review is limited to those facts that were before the trial court. Ex parte National Sec. Ins. Co., 727 So.2d 788, 789 (Ala.1998).
‘“The burden of proving improper venue is on the party raising the issue and on review of an order transferring or refusing to transfer, a writ of mandamus will not be granted unless there is a clear showing of error on the part of the trial judge.’ Ex parte Finance America Corp., 507 So.2d 458, 460 (Ala.1987). In addition, this Court is bound by the record, and it cannot consider a statement or evidence in a party’s brief that was not before the trial court. Ex parte American Res. Ins. Co., 663 So.2d 932, 936 (Ala.1995).”

Ex parte Pike Fabrication, Inc., 859 So.2d 1089, 1091 (Ala.2002). Thus, if EAMC made a prima facie showing that venue in Randolph County was improper, the burden then shifted to Tinney to rebut that showing. Ex parte Movie Gallery, Inc., 31 So.3d 104, 109 (Ala.2009).

III. Analysis

EAMC contends in its petition for a writ of mandamus that “[t]he only proper venue is Lee County” and that “Randolph County is an improper venue for the claims against EAMC.” Section 6-3-7, AIa.Code 1975, governs venue for actions against corporate defendants. That section provides, in pertinent part:

“(a) All civil actions against corporations may be brought in any of the following counties:
“(1) In the county in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of real property that is the subject of the action is situated; or
“(2) In the county of the corporation’s principal office in this state; or
“(3) In the county in which the plaintiff resided, or if the plaintiff is an entity other than an individual, where the plaintiff had its principal office in this state, at the time of the accrual of the cause of action, if such corporation does business by agent in the county of the plaintiff’s residence; or
“(4) If subdivisions (1), (2), or (3) do not apply, in any county in which the corporation was doing business by agent at the time of the accrual of the cause of action.”

EAMC argues that venue is not proper in Randolph County under any of the subsections of § 6-3-7(a).

A. Section 6-3-7(a)(1)

Section 6-3-7(a)(l) provides, in part, that a corporation may be sued “[i]n the county in which a substantial part of the events or omissions giving rise to the claim occurred.” EAMC argues that “the events or omissions giving rise to the claim” refers to the actions or omissions of the defendant. This Court so held in Ex parte Thomasville Feed & Seed, Inc., 74 So.3d 940 (Ala.2011):

“This Court has construed ‘the events or omissions giving rise to the claim’ to refer to the wrongful acts or omissions of the corporate defendant. Ex parte Volvo Trucks North America, Inc., 954 So.2d 583, 587 (Ala.2006); Ex parte Suzuki Mobile, Inc., 940 So.2d 1007, 1010 (Ala.2006); and Ex parte Pikeville Country Club, 844 So.2d 1186, 1189 (Ala.2002).”

74 So.3d at 943. Tinney’s complaint states that EAMC “failed and refused to negotiate the check or to agree on a division of [1117]*1117the money with [Tinney].” However, Davis testified that EAMC took no action in Randolph County and that all of EAMC’s actions relative to Benefield or Tinney took place in Lee County. Moreover, Tinney does not argue that venue is proper in Randolph County pursuant to subsection (a)(1). Venue, therefore, is not proper in Randolph County under § 6-3-7(a)(1).

B. Section 6-3-7(a)(2)

It is undisputed that the materials before this Court show that EAMC’s principal office is in Lee County.

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Cite This Page — Counsel Stack

Bluebook (online)
109 So. 3d 1114, 2012 WL 5077235, 2012 Ala. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tinney-v-east-alabama-medical-center-ala-2012.