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Carreker v. Alabama Great Southern Railroad Co.12/1/2000
Alabama Great Southern Railroad Company ("AGS") and Norfolk Southern Railway Company ("Norfolk Southern"), the defendants in an action pending in the Greene Circuit Court, petition for a writ of mandamus directing the circuit court to vacate its order denying AGS's motion to transfer the action to the Jefferson Circuit Court, pursuant to § 6-3-7, Ala. Code 1975, the statute relating to venue for actions against corporations, and § 6-3-21.1, Ala. Code 1975, the forum non conveniens statute. Because the facts of this case clearly show that under § 6-3-7 Greene County is not a proper venue for this action, we grant the petition as to AGS. Only AGS moved to dismiss or to transfer the action. The circuit court's order references only AGS's motion and denies only AGS's motion. We deny the mandamus petition insofar as it relates to Norfolk Southern, because as to that defendant there is no basis for a writ. See Ex parte National Sec. Ins. Co., 727 So. 2d 788, 789 (Ala. 1998) ("The proper method for obtaining review of a denial of a motion for a change of venue in a civil action is to petition for the writ of mandamus.").
On August 23, 1999, Roger M. Carreker sued AGS, seeking relief under the Federal Employers' Liability Act, 45 U.S.C. §§ 51 to 60. Carreker later amended his complaint to add Norfolk Southern as a defendant.
Carreker's amended complaint alleges that he was "employed by the Defendant as a machine operator working at various locations owned and maintained by , including a significant period of time at or near Eutaw, Alabama where Plaintiff first experienced significant discomfort in and about his neck, back and hands." On March 12, 1999, and for some time before that date, Carreker alleges, "he was subjected to numerous and constant stresses from vibration, jarring, bouncing and being thrown about the equipment he was operating at or near Eutaw, Alabama and various other locations owned and operated by the Defendant." Specifically, he asserts that he has "suffered severe and permanent injury and damage to his neck, back and hands in the form of osteoarthritis and carpal tunnel syndrome." Carreker filed his complaint in the Circuit Court of Greene County.
On October 14, 1999, AGS moved to dismiss the action, or, in the alternative, to transfer it to the Circuit Court of Jefferson County, on the grounds that Greene County was not a proper venue or, in the alternative, on the grounds that the action was subject to transfer pursuant to the doctrine of forum non conveniens.
The trial court, concluding that AGS had failed to show that Jefferson County was a "significantly more convenient forum" than Greene County, denied AGS's motion. The trial court's order did not address the improper-venue aspect of AGS's motion.
In their petition to this Court, AGS and Norfolk Southern argue that, under § 6-3-7, Ala. Code 1975, venue is improper in Greene County and that the trial court therefore erred in denying AGS's motion to dismiss or transfer; in the alternative, they argue that the trial court abused its discretion in refusing to transfer the action under § 6-3-21.1 for the convenience of the parties and witnesses and in the interest of justice.
The proper method for obtaining review of a denial of a motion for a change of venue in a civil action is to petition for the writ of mandamus. Ex parte National Sec. Ins. Co., 727 So. 2d 788, 789 (Ala. 1999)(citing Lawler Mobile Homes, Inc. v. Tarver, 492 So. 2d 297, 302 (Ala. 1986)).
"Mandamus is a drastic and extraordinary writ, to be issued only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, ac
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