Ex parte West Fraser, Inc.

Court of Civil Appeals of Alabama

Chambers County | 129 So. 3d 286 | May 10, 2013


Court of Appeals Directed Chambers Circuit Court to transfer Workers' Compensation Action to Lee Circuit Court

The Court of Civil Appeals of Alabama was presiding over the case of 'Ex parte West Fraser Inc', where the company appealed for a writ of mandamus ordering the transfer of a civil action to Lee Circuit Court from the Chambers Circuit Court. The issue arose after Michael Hunt, a former employee, had an accident at work and pursued workers' compensation benefits before getting terminated.

After termination, Hunt filed a retaliatory discharge action in Chambers Circuit Court against the company. West Fraser moved for a change of venue for this action to the Lee Circuit Court. When the Chambers Circuit Court denied this request without explanation, West Fraser appealed to the Court of Civil Appeals. Ruling in favor of West Fraser, the court reasoned that all the conduct forming the basis of Hunt's action occurred in Lee County, making the connection of the trial with Chambers virtually nonexistent.

Venue was determined to be proper both in Chambers County, where Hunt resided and West Fraser conducted business, and Lee County, where the alleged wrongful acts transpired. Hence, the Court of Civil Appeals directed the Chambers Circuit Court to transfer the action to Lee Circuit Court.

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