Ex Parte Garrison Trucking, In re: Hennis

Court of Civil Appeals of Alabama

Washington County | 241 So. 3d 15 | June 16, 2017


Garrison Trucking Seeks Venue Change in Worker's Compensation Case

R.E. Garrison Trucking, Inc. (Garrison) appealed a decision, seeking to change the venue of a workers' compensation action involving their employee, William D. Hennis. Hennis had a work-related accident while working for Garrison, whose primary business location is in Cullman County. Hennis claimed Washington County as his residence, whereas Garrison presented evidence suggesting he resided in Mobile County. The main issue revolved around determining the correct county of Hennis's residence and whether Garrison did business in Washington County.

Legal definitions in Alabama equate "residence" with "domicile," which considers both the actual place of living and the intent to remain there. Hennis had used two addresses in official documents: one in Semmes, Mobile County, and another in Chatom, Washington County. He clarified that the Semmes address was his ex-wife's, where he received mail. He had lived in Chatom for 15 years. The court sided with Hennis on his Washington County residence. However, the court found that Garrison's activities in Washington County, such as allowing drivers to park vehicles or Hennis's driver recruitment efforts, were not substantial enough to count as the company "doing business" there. As a result, the court directed the trial court to reconsider its earlier decision denying Garrison's venue change request.

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