Ex Parte Interstate Freight, In re Vogler

Supreme Court of Alabama

Baldwin County | 213 So. 3d 560 | June 24, 2016


Venue Change Approved for Breach of Contract and Fraud Case Against Interstate Companies

Kevin L. Vogler sued Interstate Specialized, Interstate Freight USA, Browning, and Raughton for breach of contract and fraud after his position was terminated, claiming he had been promised the option of buying into the business. The case became a dispute over the correct legal venue. The defendants sought to move the trial from Baldwin County, where Vogler resides, to St. Clair County, where the companies' principal operations are based. They argued that the companies didn't regularly conduct business in Baldwin County, but Vogler countered that they did.

Evidence showed that the companies had delivered 61 loads to Baldwin County over 54 weeks, but without further details, it was hard to determine the regularity of such business operations. While Vogler tried linking the business in Baldwin County to his claims, he couldn't provide solid evidence. Browning's affidavit further established that all significant activities related to Vogler's employment and termination happened in St. Clair County. Although the Baldwin County venue was proper, the stronger ties to St. Clair County meant that in the interest of justice, the case should be transferred there.

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