Elliott v. Allstate Ins. Co. (Ex parte Elliott)
Decision Date | 22 December 2017 |
Docket Number | 1160941 |
Citation | 254 So.3d 882 |
Parties | EX PARTE Shaundalyn N. ELLIOTT (In re Shaundalyn N. Elliott v. Allstate Insurance Company) |
Court | Alabama Supreme Court |
James G. Bodin of McPhillips, Shinbaum, L.L.P., Montgomery, for petitioner.
De Martenson and John D. Herndon of Huie, Fernambucq & Stewart, LLP, Birmingham, for respondent.
Shaundalyn Elliott petitions this Court for a writ of mandamus directing the Lowndes Circuit Court to vacate its order transferring this case to the Montgomery Circuit Court. We grant the petition and issue the writ.
On June 11, 2014, Elliott, a resident of Montgomery County, was injured in an automobile accident in the City of Hayneville in Lowndes County. On February 23, 2017, Elliott filed this lawsuit in the Lowndes Circuit Court against her automobile insurer, Allstate Insurance Company ("Allstate"), seeking uninsured-motorist benefits related to the accident. Elliot alleged that the accident was caused by a "phantom driver," whose location is unknown.
On March 16, 2017, Allstate filed a motion to transfer the action from the Lowndes Circuit Court to the Montgomery Circuit Court. The motion stated:
Attached to the motion was the affidavit of Suzanne Lowe, the insurance agent who issued the policy to Elliott. Lowe attested that the Allstate policy was issued to Elliott in Montgomery County.
Elliott filed a response to the motion for a change of venue. In her response, Elliott argued that because the accident and her injuries occurred in Lowndes County, Lowndes County, which has a strong connection to the action, is a proper venue under § 6–3–7, Ala. Code 1975. She noted that the accident was investigated by a City of Hayneville police officer. Citing prior precedent of this Court, Elliott argued that there was a strong nexus between the action and Lowndes County so that transferring the action to Montgomery County pursuant to § 6–3–21.1, Ala. Code 1975, would be improper. She further noted that Allstate had provided no evidence indicating that any party or witness would be inconvenienced by a trial in Lowndes County.
Following a brief hearing on the motion, the trial court, on June 23, 2017, granted Allstate's motion for a change of venue. Elliott then filed this petition.
Ex parte Southeast Alabama Timber Harvesting, LLC, 94 So.3d 371, 373 (Ala. 2012) (quoting Ex parte National Sec. Ins. Co., 727 So.2d 788, 789 (Ala. 1998) ).
Elliott argues that the trial court erred in transferring this case to the Montgomery Circuit Court. As an initial matter, we note that, as the site of the underlying accident, it is undisputed that Lowndes County is a proper venue for this case. See § 6–3–7(a)(1), Ala. Code 1975 (). We further recognize that venue would also be proper in Montgomery County. See § 6–3–7(a)(3), Ala. Code 1975 (). Alabama's forum non conveniens statute permits the transfer of a civil action from one appropriate venue to another "for the convenience of parties and witnesses, or in the interest of justice." The statute provides, in pertinent part:
"(a) 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."
§ 6–3–21.1(a), Ala. Code 1975. " ‘A defendant 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 Southeast Alabama Timber Harvesting, LLC, 94 So.3d at 373 (quoting Ex parte National Sec. Ins. Co., 727 So.2d at 789 ). Furthermore, " ‘[w]hen venue is appropriate in more than one county, the plaintiff's choice of venue is generally given great deference.’ " Ex parte J & W Enters., LLC, 150 So.3d 190, 194 (Ala. 2014) (quoting Ex parte Perfection Siding, Inc., 882 So.2d 307, 312 (Ala. 2003) ).
As to the "convenience of the parties" prong of § 6–3–21.1, this Court has held that a trial court should not grant a motion for a change of venue unless the defendant's proffered forum is " ‘ " ‘ "significantly more convenient" than the forum in which the action is filed.’ " ’ " Ex parte First Tennessee Bank Nat'l Ass'n, 994 So.2d 906, 909 (Ala. 2008) (quoting Ex parte Bloodsaw, 648 So.2d 553, 555 (Ala. 1994), quoting in turn Ex parte Johnson, 638 So.2d 772, 774 (Ala. 1994), quoting in turn Ex parte Townsend, 589 So.2d 711, 714 (Ala. 1991) ). Elliott argues that Allstate did not meet its burden of establishing that a change of venue is appropriate under the convenience-of-the-parties prong. In its brief before this Court, Allstate makes no argument concerning the convenience-of-the-parties prong of § 6–3–21.1 and concedes that the only issue is whether the case is due to be transferred "in the interest of justice." Thus, we agree with Elliott that the convenience-of-the-parties prong of the forum non conveniens statute does not support transfer of the case to Montgomery County.
Next, we turn to the interest-of-justice prong of § 6–3–21.1. This Court has stated:
Ex parte Indiana Mills & Mfg., Inc., 10 So.3d 536, 540 (Ala. 2008).
Elliott argues that because the accident that caused her injuries occurred in Lowndes County, Lowndes County has a strong connection to this case, so that the interest of justice should not override her choice of forum. Indeed, although we have cautioned that it is not a talisman, this Court has stated that where the injury occurred is "often assigned considerable weight in an interest-of-justice analysis." Ex parte Wachovia, 77 So.3d 570, 574 (Ala. 2011). Our recent cases bear out this principle. See, e.g., Ex parte Tier 1 Trucking, LLC, 222 So.3d 1107 (Ala. 2016) ; Ex parte Wayne Farms, LLC, 210 So.3d 586 (Ala. 2016) ; Ex parte Quality Carriers, Inc., 183 So.3d 937 (Ala. 2015) ; Ex parte Manning, 170 So.3d 638 (Ala. 2014) ; Ex parte Morton, 167 So.3d 295 (Ala. 2014) ; Ex parte State Farm Mut. Auto. Ins. Co., 149 So.3d 1082 (Ala. 2014) ; Ex parte Southeast Alabama Timber Harvesting, LLC, 94 So.3d 371 (Ala. 2012). Nevertheless, "the location where the accident...
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