Ex parte Jim Burke Automotive, Inc.Annotate this Case
Defendant Jim Burke Automotive, Inc. petitioned the Supreme Court for a writ of mandamus directing the Hale Circuit Court to vacate its order denying Jim Burke Automotive's motion to transfer the action to the Jefferson Circuit Court and to enter an order transferring the action. After Jim Burke Automotive had performed some repair work on a vehicle owned by Vulah and Andrew Smith, the vehicle was involved in an accident in Hale County. The Smiths sued Jim Burke Automotive at the Hale Circuit Court, asserting claims of negligent repair of the vehicle, wanton repair of the vehicle, breach of contract, and fraud. Andrew Smith also claimed damages for loss of consortium. Jim Burke Automotive moved to transfer the case to the Jefferson Court for improper venue, because the all repair work was performed in Jefferson County, and all the alleged acts or omissions giving rise the the Smiths' claims took place in Jefferson County. Upon review of Jim Burke Automotive's petition, the Supreme Court concluded it demonstrated a clear legal right to a writ of mandamus. The Court directed the Hale Court to vacate its order and transfer this action to Jefferson.