Ex Parte Ford Motor Company. (in Re Daniel Siniard

Summary

The court granted Ford's petition for a writ of mandamus and directed transfer of the wrongful-death action from Barbour County to Montgomery County under the forum non conveniens statute. It held that Montgomery County had the substantially stronger connection to the accident, witnesses, evidence, and administration of justice, while Barbour County had no current connection beyond the plaintiff's choice of forum. The court also held that Siniard could not argue for the first time on appeal that Barbour County was an improper venue after having alleged that venue was proper there. Justice Murdock, concurring in the result, would rely solely on the convenience-of-parties-and-witnesses provision and questioned the court's interpretation of the venue statute.