Ex parte Doris Sanders, [Ms. 1190478, June 26, 2020] __ So. 3d __ (Ala. 2020). The Court (Sellers,
J.; Bolin, Wise, Bryan, and Mendheim, JJ., concur; Mitchell, J., concurs
specially; Parker, C.J., and Shaw and Stewart, JJ., concur in the result)
issues a writ of mandamus directing the Macon Circuit Court to vacate
its order transferring this action from Macon County (where the motor
vehicle accident occurred) to Montgomery County where one of the defendants
and an eyewitness reside.
The Court holds that the transfer was not warranted by the interest of
justice because “[t]he defendants have not demonstrated that Sanders’s
choice of venue, Macon County, has a weak or little connection to this
case. As indicated, the accident made the basis of this case occurred
in Macon County and was investigated there. Sanders indicated in her affidavit
that litigating the case in Macon County would be more convenient for
her because she works in Macon County, and Macon County is closer to her
residence in Barbour County. Ms. *8. Moreover, “although the defendants
rely on the fact that one of the defendants, a nonparty witness, and a
witness from the State of Alabama all reside or work in Montgomery County,
they have produced no evidence or affidavits from any witnesses declaring
that Montgomery County would be a significantly more convenient forum
for litigating the action or that traveling to Macon County for trial
would be burdensome or otherwise inconvenient for them.” Ms. *9.