Hunt Petroleum Corp. v. State

J.C. Robinson ("Robinson"), as administrator of the estate of Katie Ruth Robinson, brought a wrongful-death action against Kathy Sawyer, the commissioner of the Department of Mental Health and Mental Retardation ("DMHMR"), and others. Although J.C. Robinson is not a resident of Montgomery County and none of the actions complained of in this case occurred in Montgomery County, Robinson filed the action in Montgomery Count1y because Sawyer is a State officer who resides in Montgomery County. The defendants moved on the basis of § 6-5-546, Ala. Code 1975, a part of the Alabama Medical Liability Act of 1987, § 6-5-540 et seq., Ala. Code 1975 ("AMLA"), or, in the alternative, on the basis of § 6-3-21.1, Ala. Code 1975, the forum non conveniens statute, to transfer this action from Montgomery County to Morgan County, the county in which most of the incidents that allegedly led to Katie Robinsons death occurred and the county where all the defendants except Sawyer reside. The trial court denied the motion. The defendants petition this Court for a writ of mandamus directing the trial court to transfer the action to Morgan County. We grant the petition and issue the writ.