Ex Parte Hibbett Sporting Goods, In re: Cantrell

Court of Civil Appeals of Alabama

Lamar County | 228 So. 3d 1008 | Jan. 27, 2017


Hibbett Sporting Goods Successfully Challenges Venue Based on Business Operations and Subsidiary Distinction

Cantrell filed a suit in 2016 against Hibbett Sporting Goods seeking workers' compensation benefits for an alleged injury while working in Indiana. Soon after, Hibbett Sporting Goods requested a transfer of the case to Jefferson County, arguing Lamar County was not a proper venue. This was backed by an affidavit from their human resources manager, Aimee Andrews, emphasizing the company's lack of business dealings in Lamar County.

In rebuttal, Cantrell claimed that through their agent, Hibbett Team Sales, the company did conduct business in Lamar County, supporting his argument with evidence and affidavits from local educators detailing their purchases from Hibbett Team Sales. Hibbett Sporting Goods refuted Cantrell's claims, highlighting the separation between the company and Hibbett Team Sales. They fortified their stance with affidavits from company executives.

The trial court initially declined Hibbett Sporting Goods' request to change the venue. Following this, Hibbett Sporting Goods appealed for a writ of mandamus. Relying on the Alabama Code's provisions, the court concluded that the appropriate venue, based on Cantrell's injury location and the company's primary office, was Jefferson County. Cantrell's argument that Hibbett Team Sales acted as an agent in Lamar County was found unsupported by evidence. Thus, the court ruled in favor of transferring the case to Jefferson Circuit Court.

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