Ex parte Doris Sanders.Annotate this Case
Doris Sanders petitioned the Alabama Supreme Court for a writ of mandamus directing the Macon Circuit Court to vacate its March 13, 2020, order transferring the underlying action to the Montgomery Circuit Court pursuant to section 6-3-21.1, Ala. Code 1975, Alabama's forum non conveniens statute. In 2019, Sanders, a resident of Barbour County, was involved in a multi-vehicle accident on Interstate 85 in Macon County. Sanders sued the drivers of the other two vehicles, Sae Him Chung and Shawn Reaves, at the Macon Circuit Court, alleging negligence and wantonness and seeking damages for her accident-related injuries. Sanders also included a claim against her insurer, Alfa Mutual Insurance Company, seeking to recover uninsured/underinsured motorist benefits. Defendants requested the change of venue to Montgomery County, arguing: (1) that the accident occurred in Macon County and was investigated there; (2) that Sanders was employed by the State of Alabama Tourism Department, which is located in Montgomery County; (3) that Chung lived and worked in Montgomery County; and (4) that Kellie McElvaine, a witness to the accident, lived and worked in Montgomery County. Sanders opposed the motion, arguing defendants failed to carry their burden of showing a transfer to Montgomery County was required under the statute. Sanders stated that she did not work in Montgomery County; rather, she said, she worked in Macon County at the Macon County Rest Area. And she received medical treatment for her injuries in Lee County and Barbour County, both of which were closer to Macon County than to Montgomery County. Thus, she asserted that her health-care providers in Lee County and Barbour County would have to travel farther if the case were transferred to Montgomery County. The Alabama Supreme Court concluded the Macon Circuit Court exceeded its discretion in transferring this case to the Montgomery Circuit Court. The Court therefore granted the petition for mandamus relief, and directed the Macon Court to vacated its March 2020 transfer order.