Ex parte Wayne Farms, LLC

Citation: 210 So. 3d 586Docket: 1150404

Court: Supreme Court of Alabama; May 27, 2016; Alabama; State Supreme Court

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Wayne Farms, LLC, has petitioned for a writ of mandamus to compel the Bullock Circuit Court to vacate its order denying a change of venue and to transfer the case to Pike Circuit Court. The case arose from an incident on October 22, 2013, when a tractor-trailer owned by Wayne Farms, operated by employee Ronnie King, detached and overturned while picking up chickens from the Hickses' farm, injuring Ben F. Hicks. The Hickses filed a lawsuit against Wayne Farms and King in Bullock County on June 5, 2015, alleging negligence and wantonness. 

Wayne Farms acknowledged that venue was proper in Bullock County but argued for a transfer to Pike County based on the doctrine of forum non conveniens, citing the convenience of parties and witnesses. Supporting its motion, Wayne Farms submitted an affidavit from compliance manager William T. Sipper, detailing the long-standing relationship between the Hickses and Wayne Farms, including frequent visits by Wayne Farms representatives to the Hickses’ farm in Pike County. Key witnesses and emergency responders, including members of the Meeksville Volunteer Fire Department and the City of Troy Fire Department, were noted to be residents of Pike County, further supporting the request for a venue change. The Court granted Wayne Farms’ petition and issued the writ.

Care Ambulance transported Mr. Hicks to Troy Regional Medical Center following an accident, where he was examined and admitted for treatment. All medical personnel involved in his care were based in Pike County, where Mr. Hicks’s primary care physician also practices. After the accident, Wayne Farms employees, including Broiler Manager Michael Simmons and Live Production Manager Kris Torbert, visited the Hickses to discuss recovery assistance and operational concerns related to the Hickses' chicken farming. Simmons, knowledgeable about Wayne Farms’ operations, inspected the Hickses' feed bins for repair estimates. Wayne Farms’ extensive operations in Pike County include a feed mill, hatchery, and accounting department, whereas its only facility in Bullock County is a processing plant. All relevant contractual records and documents are located in Pike County. The Hickses noted the proximity of their home to the Pike County Courthouse (approximately 4 miles) compared to Bullock County (nearly 35 miles) in their response to Wayne Farms’ motion for a change of venue. They argued that Wayne Farms failed to demonstrate that transferring the case would be significantly more convenient or in the interest of justice. Wayne Farms supplemented its motion with affidavits from several employees and local officials, all asserting that the case would be more conveniently tried in Pike County due to their connections and knowledge of the case.

On December 7, 2015, a hearing was held by the Bullock Circuit Court regarding Wayne Farms’ motion to change the venue of a case to Pike County. On December 8, 2015, King, a legal resident of Bullock County, submitted an affidavit opposing the transfer, emphasizing his desire for the case to remain in Bullock County, where Wayne Farms has significant operational presence. The court denied the motion on December 10, 2015, noting that Wayne Farms failed to demonstrate a lack of connection between the case and Bullock County, as well as the interest of justice in favor of a transfer. The court highlighted the strong ties between the case and Bullock County, including King’s residency and the presence of Wayne Farms’ operations there. It determined that maintaining the case in Bullock County would not burden judicial resources and aligned with the interests of justice. Following the denial, Wayne Farms sought a writ of mandamus from a higher court on January 21, 2016, to overturn the decision. The court noted that a petition for a writ of mandamus is appropriate for reviewing such venue change denials and outlined the burden of proof required for venue transfer under Alabama law.

The court reviews motions to transfer venue by assessing whether the trial court exceeded its discretion, particularly when the convenience of parties and witnesses or the interest of justice necessitates a transfer. Wayne Farms argues that the Bullock Circuit Court improperly denied its motion to transfer the case to Pike County, asserting that the interest of justice mandates such a transfer since all events related to the Hickses' claims occurred in Pike County, while Bullock County's connection is minimal. Wayne Farms acknowledges Bullock County as an appropriate venue but insists that the stronger ties to Pike County justify the transfer under Alabama's forum non conveniens statute, Section 6-3-21.1.

Wayne Farms also seeks to strike certain exhibits from consideration in the mandamus petition because they were not presented to the Bullock Circuit Court when it denied the transfer motion. The contested exhibits include evidence related to Wayne Farms' operations in Bullock County. The Hickses oppose this motion, arguing that the exhibits were referenced in pleadings or contain information recognized by the circuit court. However, it is established that evidence not presented to the trial court is not considered in mandamus proceedings. Consequently, the court will disregard the contested exhibits and any arguments based on them. Historically, plaintiffs had the choice of venue, but the enactment of Section 6-3-21.1 granted trial courts the authority and obligation to transfer cases when the interest of justice demands it.

Trial judges have limited discretion regarding case transfers under Alabama’s forum non conveniens statute, which mandates transfer when the connection to the original forum is weak. The statute, as interpreted by the Court, emphasizes the necessity of transferring cases to jurisdictions with stronger ties to the claims, particularly for the 'interest of justice' prong. In this case, Wayne Farms successfully argued for a transfer from Bullock County to Pike County, highlighting that the accident occurred on the Hickses’ farm in Pike County, and that all emergency personnel and medical treatment involved were also based there. Although King, a defendant, resides in Bullock County, the overall connection to Pike County was deemed significantly stronger. The Bullock Circuit Court's denial of Wayne Farms' motion for change of venue was determined to exceed its discretion, leading to the issuance of a writ of mandamus to transfer the case to Pike County. The Court noted that although the Union Springs Broiler Flock Agreement was mentioned, it was not submitted to the circuit court, so related arguments were not considered. Consequently, the Court did not address the convenience of parties and witnesses, as the interest of justice dictated the transfer. The petition for a writ of mandamus was granted, with some justices concurring and others dissenting or recusing.