Basha v. Waccamaw Lumber & Supply Co., 17897
| Decision Date | 05 April 1962 |
| Docket Number | No. 17897,17897 |
| Citation | 240 S.C. 140,124 S.E.2d 912 |
| Court | South Carolina Supreme Court |
| Parties | Mrs. John BASHA, Respondent, v. WACCAMAW LUMBER & SUPPLY COMPANY, Appellant. Yvonne K. BAROODY, Respondent, v. WACCAMAW LUMBER & SUPPLY COMPANY, Appellant. B. J. BAROODY, Respondent, v. WACCAMAW LUMBER & SUPPLY COMPANY, Appellant. |
Burroughs & Green, Conway, for appellant.
Arrowsmith & Looper, Willcox, Hardee, Houck & Palmer, Florence, for respondents.
Appeals in these three cases, heard together by agreement of counsel, are from orders to the circuit court granting motions by each of the plaintiffs herein for a change of venue from Horry County to Florence County, upon the ground that the 'convenience of witnesses and the ends of justice will be promoted by the change.' 1952 Code of Laws, Sec. 10-310(3).
The plaintiffs are all residents of Florence County and the defendant is a South Carolina corporation with its principal place of business located in Horry County. The actions are for the recovery of damages alleged to have been sustained by the several plaintiffs when a truck owned by the defendant collided with the rear of an automobile being operated by the plaintiff, Yvonne K. Baroody, in which the plaintiff Mrs. John Basha was riding as a passenger. In addition to these two plaintiffs, Mildred A. McKain, a resident of Florence County (not a plaintiff) was a passenger in the Baroody automobile. The collision occurred in Berkeley County at or near the town of Moncks Corner. The sole occupant of defendant's truck was the driver thereof, J. P. Hardy, Jr., a resident of the County of Horry. There is no showing that there were any other witnesses to the actual collision.
The record and affidavits upon which the motions for change of venue were heard disclose the following additional facts. Both Mrs. Basha and Mrs. Baroody were confined to McLeod Infirmary in Florence following the collision and they were both attended by Florence physicians, Dr. J. Burr Piggott, Jr. and Dr. John F. C. Hunter. In addition to the doctors, the plaintiffs propose to call as witnesses Dwight Jenkinson and Jeannette W. Scott, business manager and librarian respectively of McLeod Infirmary in Florence. Mr. John Basha, in his affidavit, says that he is a material witness in his wife's case, and the plaintiff B. J. Baroody alleges that he is a material witness in his wife's case. Mildred A. McKain is, of course, a material witness.
While the greater number of witnesses is not controlling, it appears that altogether there are, exclusive of the three plaintiffs, six residents of Florence County who will likely be called as material witnesses in one or more of the three cases. Mrs. Baroody and Mrs. Basha are material witnesses for each other, and both of them are material witnesses in Mr. Baroody's case. The affidavits set forth in considerable detail the daily duties of the various witnesses and the great inconvenience which would be experienced by each of them should the cases be tried in Horry County rather than Florence County. It was...
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