Forum Non Conveniens: Ex Parte Stephen Hrobowski


Ex parte Stephen Hrobowski, [Ms. 1170014, Feb. 23, 2018] __ So. 3d __ (Ala. 2018). This unanimous decision by Justice Shaw (Stuart, C.J., and Bolin, Parker, Main, Wise, Bryan, Sellers, and Mendheim, JJ., concur) issues a writ of mandamus to the Lowndes Circuit Court to transfer a motor vehicle negligence case to Montgomery County. The Court held that transfer to Montgomery County was required by the interest of justice prong of the forum non conveniensstatute, Ala. Code § 6-3-21.1 (1975).

It is undisputed that the accident that is the subject of the action occurred in Montgomery County, that the accident was investigated by law-enforcement personnel based in Montgomery County, and that both the plaintiff and the other named defendant resided there at all pertinent times. Even assuming, as McCorvey appears to argue, that there may be some question as to whether Hrobowski remains domiciled in Lowndes County, the fact that a defendant resides in a particular forum does not, for the purposes of the interest-of-justice prong of § 6-3-21.1, outweigh the forum where the tortious conduct occurred.

Ms. *12. The Court continued the trend of expressing a strong preference that “litigation should be handled in the forum where the injury occurred.” Ms. *10 (internal quote marks omitted).

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