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Ex parte Kia Motors America11/21/2003
ore appropriate forum outside the state, taking into account the location where the acts giving rise to the action occurred, the convenience of the parties and witnesses, and the interest of justice. Ex parte Prudential Ins. Co. of America, 721 So. 2d 1135, 1138 (Ala. 1998). In addition, in determining whether a dismissal of the action on the ground of forum non conveniens should be granted, the trial court should consider "the relative ease of access to sources of proof, the location of the evidence, the availability of compulsory process for the attendance of unwilling witnesses, the cost of obtaining the attendance of willing witnesses, the possibility of a view of the premises, if a view would be appropriate to the action, and any other matter in order to assess the degree of actual difficulty and hardship that would result to the defendant in litigating the case in the forum chosen by the plaintiff." Ex parte Ben-Acadia, Ltd., 566 So. 2d 486, 488 (Ala. 1990). If, after weighing all of the factors, the judge finds that the balance is "strongly in favor of the defendant," he or she may decline to exercise jurisdiction and dismiss the complaint. Id.
In the instant case, for the doctrine of forum non conveniens to be applicable, the claims must have arisen outside Alabama. The respondents' complaints allege product-liability and breach-of-warranty claims against both Kia and Emerald. Additionally, the respondents allege that Kia was negligent or wanton in its design and manufacture of the Sephia. It is undisputed that the product-liability and negligence claims against Kia arose in Florida. However, the parties disagree as to where the breach-of-warranty claim against Emerald arose. The respondents, in their brief, state,
"In this case, Florida's substantive law will apply to the products liability, negligence and wantonness claims brought against the Defendants Kia Motors America, Inc. ('KMA') and Kia Motors Corporation ('Kia'). However, the Plaintiffs' breach of warranty claims against Emerald Auto Sales, Inc., arise under Alabama law since the subject car was purchased in Alabama."
(Respondents' brief at 4.)
In contrast, Kia and Emerald allege that all of the respondents' claims, including the breach-of-warranty claim against Emerald, arose in Florida. We agree.
Section 7-2-725(2), Ala. Code 1975, provides:
"A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered; however, a cause of action for damages for injury to the person in the case of consumer goods shall accrue when the injury occurs."
(Emphasis added.) Clearly the breach-of-warranty claim in the present action is a claim of "damages for injury to the person in the case of consumer goods," the cause of action for which occurred in Florida. The claim, then, accrued in Florida. Accordingly, we find it is a "claim [that] has arisen outside this state." Ala. Code 1975, ยง 6-5-430.
In the present case, Jackson County, Florida, is clearly a more appropriate forum for these actions than is Houston County, Alabama. Applying Alabama law, we are satisfied that all of the causes of action occurred in Florida. Furthermore, 25 nonparty witnesses that Kia and Emerald plan to call on the issue of liability reside in Florida and cannot be subpoenaed and made to personally appear in the Houston Circuit Court. The inabili
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