Ex parte Wayne Farms, LLC.
Annotate this CaseWayne Farms, LLC, petitions this Court for a writ of mandamus ordering the Bullock Circuit Court to vacate its order denying Wayne Farms' motion for a change of venue and to enter an order transferring the underlying action to the Pike Circuit Court. Ben and Imogene Hicks owned and operated a chicken farm in Pike County. In April 2013, Imogene entered into an agreement in which Wayne Farms agreed to deliver flocks of broiler chicks to the Hickses' farm. Ronnie King, an employee of Wayne Farms, drove a tractor-trailer owned by Wayne Farms to the Hickses' farm to pick up a load of chickens. After the chickens were loaded, King began to drive the tractor-trailer away. Before King left the Hickses' property, the loaded trailer detached from the tractor and overturned, pinning Ben to the ground and causing him to be injured. Ben and Imogene sued Wayne Farms and King in Bullock County, alleging claims of negligence and wantonness and seeking damages for Ben's injuries. Wayne Farms moved the Bullock Circuit Court to transfer the action to the Pike Circuit Court, acknowledging that venue was proper in Bullock County but that pursuant to the doctrine of forum non conveniens the action should have been transferred to Pike County. The Alabama Supreme Court granted the writ, concluding Wayne Farms demonstrated a clear legal right to a writ of mandamus directing the Bullock Circuit Court to vacate its order denying Wayne Farms' motion for a change of venue and to enter an order transferring the underlying action to Pike County.
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