Circuit Court Exceeded its Discretion in Ordering Transfer to County Where Accident Occurred

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Ex parte Nash, [Ms. SC-2024-0834, June 27, 2025] __ So. 3d __ (Ala. 2025). The Court (Shaw, J.; Stewart, C.J., and Wise, Bryan, Sellers, Mendheim, Cook, McCool, and Lewis, JJ., concur) issues a writ of mandamus directing the Jefferson Circuit Court to vacate its order transferring this personal injury action to Tuscaloosa County. Nathan Nash was injured in a motor vehicle collision in Tuscaloosa County involving a truck driven by Joshua Hunter Jones and owned by his employer, Davis Ice Cream Alabama, LLC.

The Court reverses the venue transfer and explains “the sole connection to Tuscaloosa County is that the collision occurred there. Additionally, one of the claims in this action involves negligent hiring. As in Burgess, it stands to reason that the negligent-hiring claim would involve documents or other evidence in Jefferson County, where Davis Ice Cream maintains its principal place of business ….” Ms. *9. As such, the trial court exceeded its discretion in transferring venue pursuant to the interest-of-justice prong of § 6-3-21.1(a), Ala. Code 1975.

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