Ex parte H & M Industrial Services, Inc., and ThyssenKrupp Steel USA, LLC

Court of Civil Appeals of Alabama

Washington County | 127 So.3d 1202 | Nov. 16, 2012


Court of Civil Appeals Grants Motion to Transfer Venue from Washington County to Mobile County, Alabama

This Alabama workers' compensation lawsuit involves Adrian Sullivan who filed a complaint against H & M Industrial Services, Inc., and ThyssenKrupp Steel USA, LLC ("the petitioners"). Sullivan sought benefits from H & M and damages from the remaining defendants for an accident that occurred on June 22, 2010. The petitioners filed a motion to dismiss or transfer the case citing improper venue.

They argued that the accident happened in Mobile County and neither H & M nor ThyssenKrupp did business in Washington County. After assessing the facts of the case and the law, the Court of Civil Appeals of Alabama agreed with the petitioners. The court granted the petition and issued a writ directing the trial court to grant the petitioners' motion to dismiss or, if not granted, to transfer the case to the Mobile Circuit Court.

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