Good Lance v. Black Hills Dialysis, LLC

Plaintiff suffered an injury from a fall while at Black Hills Dialysis LLC’s (BHD) facility in Shannon County. Plaintiff sued BHD for her injuries. A dispute subsequently arose about whether the circuit court should summon jurors from Shannon County or neighboring Fall River County where Shannon County has no physical state court facilities and all Shannon County legal proceedings are held at the Fall River County Courthouse. The circuit court ruled that it would summon Fall River County jurors, holding that a 2009 standing order issued by the presiding judge of the Seventh Circuit stating that all Shannon County matters would be tried in Fall River County supported its resolution of the issue. The Supreme Court vacated the presiding judge’s standing order and reversed the order of the circuit court, holding (1) the presiding judge exceeded his statutory and constitutional authority in issuing the standing order, which effectively changed venue in all Shannon County cases; (2) the circuit court’s ruling on venue in this case was improper and without legal basis; and (3) under the circumstances of this case, venue was proper in Shannon County, and Shannon County jurors should be summoned and empaneled. View "Good Lance v. Black Hills Dialysis, LLC" on Justia Law