Ex Parte Mercedes-Benz, In re: Nix

Court of Civil Appeals of Alabama

Jefferson County | 261 So. 3d 1210 | March 23, 2018


Employer Fails to Move Injured Workers' Compensation Lawsuit to Tuscaloosa County, Alabama

Gregory K. Nix initiated a workers' compensation lawsuit against Mercedes-Benz vehicle producer, MBUSI, following a purported injury at their Tuscaloosa County facility in 2017. In defense, MBUSI contested the suit's venue, deeming Jefferson County unsuitable and advocating for Tuscaloosa County under the doctrine of forum non conveniens. Nix, a Jefferson County resident, defended his venue choice by highlighting MBUSI's business dealings in the county, citing their interactions with local entities like Kamtek and the Mercedes-Benz of Birmingham dealership.

Contrarily, MBUSI asserted that neither entity acted as their agents in Jefferson County and emphasized their primary operations in Tuscaloosa County.

The court, referencing the case Ex parte Scott Bridge Co., deduced that consistent transactions within a county could qualify as doing business, bolstering Nix's stance. Despite MBUSI's arguments surrounding witness convenience and the injury's location in Tuscaloosa County, the court underscored Nix's residence and medical treatments in Jefferson County. Consequently, MBUSI's motion to change venue was rejected, leading them to petition for a writ of mandamus.

Other Decisions Regarding Similar Topics:

-Navigation-
-Contact-
  • Phone: (205) 335-4190
  • Fax: (205) 278-5875
  • Email: thompsonfirm.al.law@gmail.com