Ebrahimi v. Benton (In re Benton)
Decision Date | 02 December 2016 |
Docket Number | 1151181. |
Citation | 226 So.3d 147 |
Parties | EX PARTE April Steele BENTON et al. (In re Amir Alan Ebrahimi v. April Steele Benton et al.) |
Court | Alabama Supreme Court |
Michael L. Haggard of Smith, Tyra, Thomas & Haggard, LLC, Alabaster, for petitioners April Steele Benton and John Benton; and Wayne Randall of Donald, Randall & Donald, Tuscaloosa, for petitioner State Farm Mutual Automobile Insurance Company.
Christopher M. Long of Mezrano Law Firm, Homewood, for respondent.
April Steele Benton and John Benton (hereinafter collectively referred to as "the Bentons") and State Farm Mutual Automobile Insurance Company ("State Farm"), the defendants below, petition this Court for a writ of mandamus directing the Bibb Circuit Court to vacate its July 18, 2016, order denying the Bentons' and State Farm's motion to transfer this action from the Bibb Circuit Court to the Shelby Circuit Court and to enter an order granting the motion. We grant the petition and issue the writ.
On December 4, 2014, April Steele Benton, a resident of Bibb County, and Amir Alan Ebrahimi, a resident of Shelby County, were involved in a two-vehicle collision in Shelby County. Following the collision, Ebrahimi was transported from the scene of the accident by Regional Paramedical Services to the University of Alabama at Birmingham Medical Center ("UAB"), where he received treatment for his injuries.
On March 8, 2016, Ebrahimi filed a complaint in the Bibb Circuit Court against April Steele Benton; John Benton, the owner of the car April was driving; and State Farm, Ebrahimi's underinsured-motorist carrier. On April 20, 2016, the Bentons filed a motion to transfer the action to Shelby County based on the doctrine of forum non conveniens, as codified in § 6–3–21.1, Ala. Code 1975. The Bentons argued in their motion that Shelby County has a stronger connection to the case because: (1) the accident occurred in Shelby County; (2) the Pelham Police Department, located in Shelby County, investigated the accident; (3) Ebrahimi, the plaintiff, resides in Calera, which is located in Shelby County; (4) the first responders, employees of Regional Paramedical Services, are located in Shelby County; (5) Ebrahimi was treated at UAB, which is closer to Shelby County than to Bibb County; and (6) the only connection this action has with Bibb County is the fact that the Bentons, the defendants, reside there. On May 3, 2016, State Farm joined in the motion to transfer. Ebrahimi did not file a motion in opposition.
On July 18, 2016, the trial court, following a hearing, entered an order denying the motion for a change of venue. On September 1, 2016, the Bentons and State Farm filed this petition for a writ of mandamus.
The Bentons and State Farm contend that the trial court exceeded its discretion in denying their motion to transfer the underlying action from Bibb County to Shelby County under the "interest-of-justice" prong of § 6–3–21.1 because, they say, all the material events giving rise to Ebrahimi's claims occurred in Shelby County and Bibb County's only connection to this action is the fact that the Bentons reside there. Section 6–3–21.1 provides, in pertinent part:
"With respect to civil actions filed in an appropriate venue, any court of general jurisdiction shall, for the convenience of parties and witnesses, or in the interest of justice, transfer any civil action or any claim in any civil action to any court of general jurisdiction in which the action might have been properly filed and the case shall proceed as though originally filed therein."
(Emphasis added.) "A [party] moving for a transfer under § 6–3–21.1 has the initial burden of showing that the transfer is justified, based on the convenience of the parties and witnesses or based on the interest of justice." Ex parte Masonite Corp., 789 So.2d 830, 831 (Ala. 2001) (emphasis added). In this case, it is undisputed that venue is proper in both Bibb County and Shelby County. However, Ebrahimi chose to file his complaint in Bibb County, where the Bentons reside. "When venue is appropriate in more than one county, the plaintiff's choice of venue is generally given great deference." Ex parte Perfection Siding, Inc., 882 So.2d 307, 312 (Ala. 2003). Accordingly, this Court must determine "whether ‘the interest of justice’ overrides the deference due [Ebrahimi's] choice of forum." Ex parte J & W Enters., LLC, 150 So.3d 190, 194 (Ala. 2014).
Ex parte Indiana Mills & Mfg., Inc., 10 So.3d 536, 540 (Ala. 2008).
We conclude that the Bentons and State Farm have demonstrated a clear legal right to have the underlying action transferred from Bibb County to Shelby County. Under our prior decisions construing the interest-of-justice prong of § 6–3–21.1, this Court gives great weight to the fact that the accident occurred in Shelby County and to the fact that no material events occurred in Bibb County. See, e.g., Ex parte Wayne Farms, LLC, 210 So. 3d 586, 591 (Ala. 2016) (...
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