Summary
The Alabama Supreme Court granted State Farm’s petition for a writ of mandamus and directed the Clarke Circuit Court to transfer an automobile-accident action to Mobile County under Alabama’s forum non conveniens statute. The Court held that Mobile County was significantly more convenient for the parties and witnesses and had a substantially stronger connection to the accident and resulting injuries. The court ordered the Clarke Circuit Court to vacate its denial of the transfer and grant State Farm’s motion.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court of Alabama could review the denial of State Farm's motion to transfer by writ of mandamus.
- Whether the convenience of the parties and witnesses under Alabama Code § 6-3-21.1 required transfer from Clarke County to Mobile County.
- Whether the interest of justice under Alabama Code § 6-3-21.1 required transfer because Mobile County had the stronger connection to the accident, evidence, witnesses, and injury.
Holdings
- A petition for a writ of mandamus is the appropriate method for obtaining review of a denial of a motion to transfer under Alabama Code § 6-3-21.1.
- The trial court exceeded the scope of its discretion by denying transfer because State Farm established that Mobile County was significantly more convenient than Clarke County for the parties and witnesses.
- The interest of justice required transfer from Clarke County to Mobile County because Mobile County had a strong nexus to the action while Clarke County had little connection to it.
Key quotations
“A petition for a writ of mandamus is the appropriate “method for obtaining review of a denial of a motion for a change of venue” pursuant to § 6-3-21.1” (149 So. 3d at 1084)
“Because both the “convenience of parties and witnesses” and the “interest of justice” prongs of the doctrine of forum non conveniens compel the transfer of this action from Clarke County to Mobile County, the trial court exceeded the scope of its discretion in refusing to transfer the action.” (149 So. 3d at 1088)
Factual background
The underlying action arose from an automobile accident in Mobile County on February 8, 2010. Banks, who maintained residences in both Clarke and Mobile Counties, alleged that Spray's negligent or wanton driving injured her and that State Farm owed benefits under her uninsured-/underinsured-motorist coverage. The accident investigators, emergency responders, health-care providers, and other potential witnesses were located in Mobile County; a police investigator lived approximately eight miles from the Mobile County courthouse but more than 100 miles from the Clarke County courthouse.
Procedural history
Sandra H. Banks filed an automobile-accident and uninsured-/underinsured-motorist insurance action in the Clarke Circuit Court against Robert Gary Spray and State Farm. State Farm moved under Alabama Code § 6-3-21.1 to transfer the action to Mobile County based on the convenience of the parties and witnesses and the interest of justice. The Clarke Circuit Court denied the motion, after which State Farm sought mandamus relief in the Supreme Court of Alabama. The circuit court judge and Banks did not file answers or briefs, so the Supreme Court decided the petition on State Farm's submitted materials.
Remand instructions
The Clarke Circuit Court was directed to vacate its July 8, 2013, order denying State Farm's motion to transfer and enter an order granting the motion to transfer the action to the Mobile Circuit Court.