Ex parte Sean Michael Allen, et al., [Ms. 1190276, June 5, 2020] __ So. 3d __ (Ala. 2020). The Court (Parker,
C.J.; Bolin, Shaw, Wise, Bryan, Mendheim, and Mitchell, JJ., concur; Sellers
and Stewart, JJ., concur in the result) issues a writ of mandamus directing
the Macon Circuit Court to transfer this motor vehicle collision case
to the Lee Circuit Court under the interest-of-justice prong of the forum
non conveniens statute, § 6-3-21.1, Ala. Code 1975.
“‘Although it is not a talisman, the fact that the injury occurred
in the proposed transferee county is often assigned considerable weight
in an interest-of-justice analysis,’”
Ex parte Southeast Alabama Timber Harvesting, LLC, 94 So. 3d 371, 375 (Ala. 2012) (quoting
Ex parte Wachovia Bank, N.A., 77 So. 3d 570, 573-74 (Ala. 2011)), because “litigation should
be handled in the forum where the injury occurred,”
Ex parte Fuller, 955 So. 2d 414, 416 (Ala. 2006).” Specific reasons for focusing
on the location of the injury include “the burden of piling court
services and resources upon the people of a county that is not affected
by the case and ... the interest of the people of a county to have a case
that arises in their county tried close to public view in their county.”
Ex parte Smiths Water & Sewer Auth., 982 So. 2d 484, 490 (Ala. 2007). Here, the accident occurred and Drisker’s
injuries were sustained in Lee County.”
Ms. **5-6.
“Transfer in the interest of justice was warranted because the only
connection Macon County has to this case is that Drisker resides there.
Thus, Macon County has a weak connection to the case, and Lee County has
a strong one.” Ms. *8.