Supreme Court of Alabama

Ex Parte Transportation Leasing Corp. and Aquilex Hydrochem, LLC. (in Re Ronald Weir v. Aquilex Hydrochem, LLC)

May 3, 2013128 So. 3d 722

Summary

The court granted a writ of mandamus and directed dismissal without prejudice because the accident and resulting claims arose in Mississippi, and Mississippi was the more appropriate forum under the forum non conveniens factors. The court held that the negligent-entrustment claim arose where the entrustee's negligent act caused the injury, not where the vehicle was entrusted. Justice Murdock concurred specially regarding the limited weight given to Alabama-based experts and an unserved Alabama defendant, while Chief Justice Moore dissented, concluding that mandamus relief was improper and that the trial court had not acted arbitrarily or capriciously.