MONTGOMERY, Ala. (Legal Newsline) – In a 4-4 decision, the Supreme Court of Alabama has granted a writ of mandamus, ordering that a case against Tyson Chicken Inc. be moved from Marshall Circuit Court to Cullman Circuit Court.
“In looking at the elements (Lisa Burke) Huffstutler must prove to prevail, a substantial amount of the evidence has accumulated in Cullman County. Although Marshall County is not devoid of any connection to the parties, the citizens of Marshall County would have very little interest in the outcome,” Justice William Sellers wrote in the court decision.
“We hold that the trial court exceeded its discretion when it denied Tyson and Craig's motion for a change of venue,” Sellers wrote.
The case revolves around a vehicle collision that happened in November 2017 between the plaintiff Huffstutler’s vehicle and a tractor-trailer driven by Tyson Chicken employee Charles Gregory Craig.
“Emergency responders, including state troopers and medical personnel, investigated the accident, treated Huffstutler for her injuries at the scene, and then transported her to Cullman Regional Medical Center for further medical treatment,” the opinion stated.
In March of this year, she sued Craig, Tyson and other defendants.
Craig and Tyson requested a venue change to the Cullman Circuit Court, but a trial court denied the request.
“Tyson and Craig concede that venue is proper in the Marshall Circuit Court; however, Tyson and Craig argue that the action should be transferred to the Cullman Circuit Court in the interest of justice and for the convenience of parties and witnesses,” the Supreme Court opinion stated.
According to the court opinion, there are several reasons to move the case including: "the accident occurred in Cullman County; the accident was investigated in Cullman County; Huffstutler was treated at the accident scene by employees of Cullman Emergency Medical Services, based in Cullman County; Huffstutler was transported from the accident scene to Cullman Regional Medical Center to receive additional medical care and treatment; Tyson maintains a facility in Cullman County Huffstutler is employed in Cullman County and owns a house there."
Yet, the plaintiff argued that Marshall County is the better venue for the case as she and Craig are both residents there and Tyson operates a facility in the county.
“Huffstutler also asserts that, because Craig works at Tyson's facility in Marshall County, it is likely that Tyson employees from that facility will have to provide testimony relating to her claim of negligent and/or wanton training and supervision,” the opinion stated.
The Supreme Court decided to direct the Marshall Circuit Court to vacate its order that denied the defendant’s motion to change the venue and granted the case be moved to Cullman Circuit Court.
Justices Michael Bolin, Tom Parker, Brady Mendheim Jr. and Chief Justice Lyn Stuart concurred in the decision while Justices Greg Shaw, James Allen Main, Alisa Kelli Wise and Tommy Bryan dissented.
"The corporate defendant, Tyson Chicken Inc., maintains a facility in Marshall County, at which Craig works. The claims against the defendants relate to Craig's employment with Tyson at the Marshall County facility," Shaw wrote. "I cannot conceive how, under these circumstances, Marshall County has a 'weak' connection or 'little' connection to this case. Because Marshall County's connection to the case is not weak, the interest of justice does not require a transfer to Cullman County."