Bedard v. Tardif

• Decision Date: 16 April 2022
• Docket Number: Civil Action CV-2021-322
• Parties: PATIENCE BEDARD, Plaintiff, v. DYLAN TARDIF, BARBIE WILSON, CLIFFORD WELCH, 7-ELEVEN, INC., and STEPHEN JONES d/b/a 7-ELEVEN, Defendants.
• Court: Maine Superior Court

PATIENCE BEDARD, Plaintiff, v. DYLAN TARDIF, BARBIE WILSON, CLIFFORD WELCH, 7-ELEVEN, INC., and STEPHEN JONES d/b/a 7-ELEVEN, Defendants.

Civil Action No. CV-2021-322

Superior Court of Maine, Cumberland

April 16, 2022

Plaintiff's Counsel: Danieal Mitchell, Esq - Benjamin Dexter, Esq

Defendants' Counsel: Christine Kennedy-Jensen, Esq (Dylan Tardif8t Barbie Wilson)

Defendant's Counsel: J. William Druary, Esq (Clifford Welch)

Defendant's Counsel: Marc Frenette, Esq (7-Eleven, Inc.)

Defendant's Counsel: Rosie William, Esq - Benjamin Wahrer, Esq (Stephen Jones d/b/a 7-Eleven Inc.)

ORDER ON DEFENDANT WELCH'S MOTION TO TRANSFER VENUE

MaryGay Kennedy, Justice Maine Superior Court

Before the Court is Defendant Clifford Welch's Motion to Transfer Venue. For the following reasons, the Court denies Defendant Welch's Motion.

I. Background

This action arises from a motor vehicle accident that occurred in Kennebunk, York County, Maine, on October 24, 2019. Plaintiff Patience Bedard was a passenger in the vehicle involved in the crash. Plaintiff is a resident of York County. (Am. Compl. ¶ 1.) Defendant Barbie Wilson, Defendant Dylan Tardif, and Defendant Welch are also residents of York County. (Am. Compl. ¶¶ 2-4.) Defendant Stephen Jones d/b/a 7-Eleven resides in York County and operates a store in York County. (Am. Compl. ¶¶ 5, 6.) Defendant 7-E1even participates in the operation of stores in multiple counties in Maine including York County and Cumberland County. (Am. Compl. ¶ 5.)

On November 13, 2019, Plaintiff filed a Verified Petition for Discovery Before Action pursuant to M.R. Civ. P. 27 in York County Superior Court. York County Superior Court granted the Verified Petition. Plaintiff later filed the Complaint in this matter in Cumberland County.

In his Motion to Transfer Venue, Defendant Welch asks that the Court transfer this matter from Cumberland County to York County. Plaintiff opposes the Motion.

II. Motion to Transfer Venue Standard

Pursuant to 14 M.R.S. § 501 (2021}, venue is proper in personal and transitory actions "in the county where any plaintiff or defendant lives." As to corporate defendants, 14 M.R.S. § 505 (2021) provides that generally, "corporations may sue and be sued in the county in which they have an established place of business."

In accordance with 14 M.R.S. § 508 (2021), "a presiding Justice of the Superior Court may, in the interests of justice and to secure the speedy trial of an action, or for other good cause, transfer any civil action or proceeding from the Superior Court in one county to another county." A similar analysis under the doctrine of forum non conveniens requires the court to weigh the "advantages and obstacles to a fair trial" in the selected forum, but "unless the balance is strongly in favor of the defendant, plaintiffs choice of forum should rarely be disturbed." Macleod v. MacLeod, 383 A.2d 39, 42 (Me. 1978) (quoting Gulf Oil Corp, v. Gilbert, 330 U.S. 501, 508 (1947)).

III. Discussion

Venue is proper in Cumberland County under 14 M.R.S. §§ 501, 505 because Defendant 7-Eleven has locations in Cumberland County. Venue would also be proper in York County.

Defendant Welch argues that York County would be a more convenient forum in which to resolve this matter because the majority of parties and witnesses reside in York County. Defendant Welch, however, has not shown that the interests of justice may be impacted or that obstacles to trial may be raised by proceeding in Cumberland County. While it certainly may be more convenient for most, if not all, involved to try the case in York County, Plaintiff is entitled to her choice of forum unless the balance is strongly in favor of transfer. Because Defendant Welch has not shown that the balance is strongly in favor of transferring this matter to York County, the Court declines to do so.^[1]

IV. Conclusion

For the foregoing reasons, the Court declines to transfer venue to York County.

The entry is:

Defendant Welch's Motion to Transfer Venue is DENIED.

The Clerk is directed to incorporate this Order into the docket by reference pursuant to Maine Rule of Civil Procedure 79(a).

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^[1] Defendant Welch also argues in his Reply in Support of Motion to Transfer Venue that this action was initiated in York County when Plaintiff filed her Verified Petition...