Ex parte Waltman, [Ms. 1111598, Jan. 11, 2013] __ So. 3d __ (Ala. 2013). The Supreme Court
grants mandamus, requiring the Circuit Court of Perry County to grant
a motion to transfer venue to Tuscaloosa County based on the "interest
of justice" prong of the
forum non conveniens statute. Plaintiff John Owens, a resident of Hale County, was driving an empty
log truck in Tuscaloosa County. James Waltman was towing a utility trailer
that disconnected from his vehicle and struck Owens's truck, injuring
Owens. Owens sued in Perry County, the principal place of business of
his employer, Griffin Wood Company, Inc. The Perry Circuit Court severed
Owens's workmen's compensation claim from his tort claim. Owens's
argument for a substantial connection with Perry County was 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," and that his employer would have
a subrogation claim based on its payment of workers' compensation
benefits. The contacts with Tuscaloosa County included that Waltman was
a resident there, the accident happened there, and a company in Tuscaloosa
County had attached the hitch on the tongue of the utility trailer to
Waltman's vehicle the morning of the accident. The Supreme Court held
that the Perry Circuit Court exceeded its discretion in denying the motion
to change venue based on
forum non conveniens.
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