Ex parte Midsouth Paving, Inc.
Annotate this CaseDefendants Midsouth Paving, Inc., Rennie Jackson, United Services Automobile Association ("USAA"), and Schaeffler Group USA, Inc., and Gelco Corporation separately petitioned the Alabama Supreme Court for writs of mandamus directing the Hale Circuit Court to vacate its order denying the defendants' motions for a change of venue and to enter an order transferring the action filed against the defendants by plaintiffs Barbara Hodge, as the administratrix of the estate of Katie-Elizabeth Vann, and Sue Davis, as parent and next friend of Valorie Eicher, Tristan Eicher, and Cody Ballinger, to the Tuscaloosa Circuit Court. Jackson, an employee of Schaeffler and a resident of Tuscaloosa County, was driving a vehicle owned by Gelco, in the lane next to the vehicle being driven by Valorie. Jackson made an improper lane change, which forced Valorie to drive her vehicle partially off the interstate. Valorie lost control of her vehicle as she attempted to drive the vehicle back onto the interstate. Ultimately, the vehicle Valorie was driving overturned and rolled approximately two and one-half times, ejecting all the occupants from the vehicle. All the occupants in the vehicle driven by Valorie sustained injuries; Vann died at the scene of the accident as a result of the injuries she incurred. At the time of the accident, Midsouth was performing construction work in an area on Interstate 59 in Tuscaloosa County that encompassed the scene of the accident. Plaintiffs sued the defendants in the Hale Circuit Court. Subsequently, all the defendants filed motions for a change of venue, arguing that the doctrine of forum non conveniens necessitated the transfer of the case from the Hale Circuit Court to the Tuscaloosa Circuit Court. After review, the Supreme Court determined defendants demonstrated a clear legal right to writs of mandamus directing the Hale Circuit Court to vacate its order denying the defendants' motions for a change of venue and to enter an order transferring this action to the Tuscaloosa Circuit Court.
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