Ex parte Stephen Hrobowski.

Stephen Hrobowski, one of two named defendants in a civil action pending with the Lowndes Circuit Court, petitioned the Alabama Supreme Court for a writ of mandamus to direct the trial court to vacate its August 30, 2017, order denying Hrobowski's motion for a change of venue and to enter an order transferring this action to the Montgomery Circuit Court on the basis of the doctrine of forum non conveniens. The Alabama Supreme Court determined it was undisputed: that the accident that was the subject of the action occurred in Montgomery County; that the accident was investigated by law-enforcement personnel based in Montgomery County; and that both the plaintiff and the other named defendant resided there at all pertinent times. Even assuming, that there might be some question as to whether Hrobowski remained domiciled in Lowndes County, the fact that a defendant resides in a particular forum does not, for purposes of the interest-of-justice prong of 6-3-21.1, Ala. Code 1975, outweigh the forum where the tortious conduct occurred. The Supreme Court held the trial court exceeded its discretion in denying Hrobowski's motion for a change of venue based on the interest-of-justice prong of the forum non conveniens statute. Therefore, the Court granted Hrobowski's petition and issued a writ of mandamus directing the Lowndes Circuit Court to vacate its August 30, 2017, order denying Hrobowski's motion and to enter an order transferring the underlying action to Montgomery County. View "Ex parte Stephen Hrobowski." on Justia Law