Reverend Mitchell Hedgepeth and Catherine Hedgepeth v. Melody Johnson, Individually and as an Agent of State Farm; and State Farm Fire & Casualty Insurance Company

Summary

The Mississippi Supreme Court considered whether Jackson County was a proper venue for the Hedgepeths’ claims against an insurance agent and State Farm arising from Hurricane Katrina-related property damage and denial of coverage. The Court held that Mississippi Code Annotated Section 11-11-3(1)(a)(I) provides multiple venue options and does not require an individual defendant to be sued exclusively in the county of residence. Because substantial alleged acts and injury-causing events occurred in Jackson County, the Court reversed the transfer of venue to Madison County and remanded.

Holdings

1. Section 11-11-3(1)(a)(I) is plain and unambiguous and provides four alternative venue options: the county where an individual defendant resides, the county where a corporate defendant has its principal place of business, the county where a substantial alleged act or omission occurred, or the county where a substantial injury-causing event occurred. The statute does not require that an individual defendant be sued only in the defendant's county of residence.
2. Jackson County was a proper venue because substantial alleged acts or omissions and a substantial event causing injury occurred there. The plaintiffs' selection of Jackson County therefore had to be sustained, and the transfer to Madison County was erroneous.

Questions Presented

1. Whether Mississippi Code Annotated section 11-11-3(1)(a)(I) requires an individual defendant to be sued only in the defendant's county of residence.
2. Whether Jackson County was a proper venue because substantial alleged acts or omissions, or a substantial event causing injury, occurred there.

Disposition

reversed_and_remanded