In his deposition, Vaughn testified that the dispatching of its drivers is an integral part of Garrison's business. In opposition to Garrison's motion, Humbers submitted selected pages of the deposition testimony of Donald Vaughn, Garrison's director of operations and safety.
This affidavit satisfied Garrison's burden of proving that it does not do business in Marion County. He also stated that Garrison did not maintain any terminals or advertise its services in Marion County. He further stated that Garrison had never picked up or delivered freight or otherwise done business in Marion County, Alabama. Oaks's affidavit established that Garrison was a trucking company with its principal place of business in Cullman County, Alabama. In support of its motion to transfer, Garrison filed the affidavit of Julian Oaks, the safety director for Garrison. That is, venue is proper in the county where Humbers resides, Marion County, only if Garrison does business by agent in that county. “ domestic corporation may be sued in any county in which it does business by agent or was doing business by agent at the time the cause of action arose provided, that all actions against a domestic corporation for personal injuries must be commenced in the county where the injury occurred or in the county where the plaintiff resides if such corporation does business by agent in the county of the plaintiff's residence.”īecause the accident that caused the decedent's death occurred in Texas, only that portion of § 6-3-7 emphasized above can be applied to determine the proper venue for this action. In addition, Ala.Code 1975, § 6-3-7, governs venue in an action against a domestic corporation: Venue in a workers' compensation action is determined in the same manner as venue is determined in a tort action.
A writ of mandamus will not be issued except upon a clear showing that the trial court has erred.
Swift Loan & Finance Co., 667 So.2d at 708. Garrison, as the party requesting a transfer, has the burden of proving that the trial court erred by denying its motion to transfer. Garrison has petitioned for a writ of mandamus directing the trial court to grant the motion to transfer.Ī petition for the writ of mandamus is the proper method for challenging a venue ruling. Garrison moved to transfer the case, requesting that it be transferred to the Circuit Court of Cullman County. She sued in Marion County, Alabama, the county in which she resides and the county in which the decedent resided. Joyce Humbers, his mother, sued to recover death benefits under the Alabama Workers' Compensation Act. At the time of the accident, he was driving a truck owned by Garrison. (“Garrison”), as a truck driver, was killed in a motor vehicle accident in Texas. On September 11, 1994, Clayton Allen Humbers (the “decedent”), who was employed by R.E. Daryl Burt and William Todd Atkinson of Fite, Davis, Atkinson, Guyton & Bentley, P.C., Winfield, for respondent. Woodfield of Janecky, Newell, Potts, Wells & Wilson, P.C., Birmingham, for petitioner. (IN RE: Joyce HUMBERS, as dependent of Clayton Allen Humbers, deceased v.