Ex parte Jet Pep, Inc.

Court of Civil Appeals of Alabama

Cullman County | 106 So. 3d 413 | Sept. 14, 2012


Order Transferring Venue was Overturned because Trial Court didn't afford Employer Opportunity to Respond

Jet Pep, Inc. filed a complaint asking whether it was required to pay benefits per the Workers' Compensation Act to its employee, Floyd Click, who had claimed he was injured while working. Jet Pep disputed the validity of Click's claimed injury.

Jet Pep intended for the case to be heard at the Cullman Circuit Court as it's the location of their principal place of business. However, Click, who resides and works in Etowah County, moved for the case to be transferred there. The trial court granted Click's request without giving Jet Pep an opportunity to respond.

Jet Pep appealed, arguing that preference should be granted to the plaintiff's chosen venue (Cullman County in this case) unless the defendant can demonstrate significant inconvenience. The Court of Civil Appeals of Alabama agreed and granted Jet Pep's petition for a writ of mandamus, ordering the case back to the Cullman Circuit Court.

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