Ex parte Tier 1 Trucking, LLCAnnotate this Case
In late 2015, Jimmy Lee and Jackie Mixon sued defendants Tier 1 Trucking, LLC and James Gray, Jr. in the Wilcox Circuit Court, alleging negligence and/or wantonness in connection with an automobile accident that occurred on November 3, 2014. Jimmy was driving his vehicle on a highway in Conecuh County when his vehicle collided with a tractor-trailer owned by Tier 1 and operated by Gray, who was an employee of Tier 1. Gray lived in Conecuh County. The accident was investigated by the Castleberry Police Department, also in Conecuh County. The Mixons lived in Wilcox County, and Tier 1 had done some business in Wilcox County. Tier 1's principal office is in Jay, Florida. Defendants filed a "motion to dismiss/transfer for improper venue." In that motion, defendants argued that Wilcox County was not a proper venue for this action because, they said, Tier 1 had not conducted business in Wilcox County and, thus, this civil action could not be brought in Wilcox County. When this motion was denied, they applied for a writ of mandamus to direct the Wilcox Court to vacate its order and transfer the case to Conecuh County. Finding that defendants demonstrated a clear legal right to mandamus relief, the Supreme Court granted their petition and issued the writ.