Forum Non Conveniens Ruling in Alabama

The result in Ex parte Southeast Ala. Timber Harvesting, LLC, No. 1110349 (Ala. Apr. 20, 2012), is not surprising given prior opinions.  Webster, likely a Lee County resident, was injured in Lee County when timber came off a truck owned by Southeast.  Because Southeast’s principal place of business was in Chambers County, Webster filed her complaint in Chambers County.

The Supreme Court held that the Chambers County court erred in not granting Southeast’s Sec. 6-3-21.1-based motion to transfer.  The “interest of justice” prong dictated a transfer.  This result solidifies the “Alabama” rule that, when there is an accident, such as a highway accident, a defendant is entitled to have the matter tried in the county where the accident occurred.  It does not matter that the plaintiff chose to sue the defendants in their “home” county.