Tinney v. East Alabama Medical Center
Annotate this CaseEast Alabama Medical Center ("EAMC") petitioned the Supreme Court for a writ of mandamus to direct the Randolph Circuit Court to transfer the action filed against it by John Tinney to the Lee Circuit Court. Tinney represented Jerry Benefield in a personal-injury action arising out of a motor-vehicle accident. Benefield was treated at EAMC for injuries he sustained in the accident. EAMC filed a hospital lien in Lee County for $3,361 against any recovery Benefield might receive in settlement of his personal-injury action. Tinney recovered a settlement for Benefield. As part of the settlement, Progressive Insurance Company issued a check made payable to EAMC and Tinney in the amount of $3,361. Tinney then filed the underlying lawsuit against EAMC in the Randolph Circuit Court, claiming that he had asked EAMC to allow him to receive 40% of the lien check as an attorney fee but that EAMC "failed and refused to negotiate the check or to agree on a division of the money." EAMC moved to transfer the action to Lee County stating that its principal office is located in Opelika, Lee County; that Lee County is where all actions taken by EAMC, such as telephone calls and letters, occurred; and that EAMC has no facilities and does no business by agent in Randolph County. Upon review, the Supreme Court concluded that EAMC proved that venue was not proper in Randolph County, therefore the trial court erred in denying EAMC's motion to transfer the case to Lee County.
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