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LANCASTER v. FIELDER9/9/1991
nce supporting the transfer. We disagree.
A motion for change of venue is addressed to the sound discretion of the trial judge and will not be disturbed by the reviewing court except upon a clear showing of abuse of discretion amounting to manifest error of law. Oswald v. Southern Farm Bureau Casualty Ins. Co., 248 S.C. 433, 150 S.E.2d 612 (1966). There are several reasons why the trial judge may have decided to transfer venue. First, eight jurors were seated who had direct or indirect relationships with Dr. Fielder. Furthermore, it was later discovered that two other
In sum, although we agree with the result attained by the Court of Appeals, we conclude that petitioners' appeal should have been dismissed on the ground that the trial judge did not abuse his discretion in transferring venue.
Affirmed as modified.
CHANDLER, FINNEY and TOAL, JJ., concur.
GREGORY, C.J., dissents in separate opinion.
I respectfully dissent.
Under S.C. Code Ann. ยง 15-7-100(2) (1976), a trial judge may grant a change of venue "when there is reason to believe a fair and impartial trial cannot be had." The standard to be applied is strict and the burden on the moving party formidable. Davenport v. Summer, 269 S.C. 382, 237 S.E.2d 494 (1977). The fact that inappropriate jurors were seated at the first trial which ended in mistrial is not dispositive of the issue whether an impartial trial is unavailable in Union County. Prospective jurors at a retrial could be screened on voir dire for disqualifying relationships to either petitioner. I disagree with the majority's conclusion on the change of venue issue as a ground for affirming the Court of Appeals' decision. I would reverse the Court of Appeals' decision dismissing petitioners' appeal and remand for it to consider the issue of change of venue.
GREGORY, Chief Justice, dissenting:
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