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State ex rel. Landstar Ranger, Inc. v. Dean
Citations: 62 S.W.3d 405; 2001 Mo. LEXIS 97; 2001 WL 1530921Docket: No. SC 83832
Court: Supreme Court of Missouri; December 3, 2001; Missouri; State Supreme Court
A motor vehicle accident occurred in Newton County, Missouri, leading to a lawsuit filed in Jackson County against Landstar, a Florida corporation with a registered agent in St. Louis County. Initially, Jackson County was deemed a proper venue under section 508.070. Following the filing, an amended petition was submitted that included additional defendants, Bryan Lehew, an Ohio resident and alleged agent of Landstar, and Dorothy Lehew, a Newton County resident, who is the plaintiff's mother and the driver of the vehicle. Subsequent to the addition of these defendants, Landstar and Bryan filed for a change of venue, arguing that section 508.010 became the applicable statute and that Jackson County was no longer proper for venue. The circuit court denied their motions for a change of venue. In response, Landstar and Bryan petitioned the Court for a writ of prohibition or mandamus, claiming Jackson County was no longer a proper venue. The trial court's ruling was made without the guidance of the Court’s decision in State ex rel. Linthicum v. Calvin, which established that a lawsuit is considered “brought” whenever a plaintiff adds a defendant, regardless of whether it is through an original or amended petition. Consequently, the Court ordered a peremptory writ of mandamus to compel the trial court to reassess venue in line with the Linthicum ruling. Chief Justice Limbaugh and Justices Holstein, Wolff, Benton, Stith, and Price concurred, while Justice White filed a dissenting opinion. All statutory references are to RSMo 2000.