Ex parte DaimlerChrysler Corp.

Summary

The Supreme Court of Alabama considers seven petitions for writs of mandamus arising from four actions involving a motor-vehicle accident in Georgia. The petitions challenge venue in the Bessemer Division of the Jefferson Circuit Court and, in some cases, dismissal under Alabama's forum non conveniens statute. The court denies the petitions seeking dismissal based on forum non conveniens and grants or denies the venue-related petitions in part as specified in the opinion.

Holdings

1. DaimlerChrysler did not establish that the balance of convenience and the interests of justice were strongly in favor of Turner County, Georgia; therefore, dismissal under Alabama Code § 6-5-430 was not warranted.
2. The trial court erred by refusing to transfer the six actions from the Bessemer Division to the Birmingham Division because the claims did not arise within the Bessemer Division.

Questions Presented

1. Whether Alabama Code § 6-5-430 required dismissal without prejudice of four actions so they could be refiled in Turner County, Georgia, under the doctrine of forum non conveniens.
2. Whether the six actions filed in the Bessemer Division of the Jefferson Circuit Court were subject to transfer to the Birmingham Division because the claims did not arise in the Bessemer Division.
3. Whether the Supreme Court of Alabama should revisit Ex parte Walter Industries, Inc., in light of the plaintiffs' argument concerning Alabama Code § 6-3-7(d).

Disposition

other