Austin Chaz Ramsey v. Auburn University
191 So. 3d 102
Miss.2016Background
- Plaintiff Austin Chaz Ramsey, a Mississippi native, accepted an Auburn University football scholarship and signed a National Letter of Intent in Madison County, Mississippi.
- While in high school in Madison County he received from Auburn coach Kevin Yoxall a workout plan that included "power cleans." Ramsey later enrolled at Auburn and sustained back injuries while performing weight-room exercises in Alabama, requiring multiple surgeries and ending his football career.
- Ramsey sued Auburn University and Yoxall in Madison County, Mississippi, alleging negligence, wantonness, and intentional infliction of emotional distress; defendants moved to dismiss for improper venue (and raised other defenses).
- Plaintiff sought to amend his complaint to allege pre-enrollment injuries in Mississippi and additional claims; the trial court denied the amendment and dismissed the case without prejudice for lack of venue.
- On appeal the Mississippi Supreme Court considered whether venue was proper in Madison County under Miss. Code Ann. § 11-11-3(1)(a)(I) or (1)(b), whether the court abused its discretion by denying venue-related discovery, and whether other defenses (forum non conveniens, choice of law, personal jurisdiction) warranted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue lies in Madison County under § 11-11-3(1)(a)(I) because defendants committed a substantial act/omission or a substantial injury-causing event occurred there | Ramsey: Yoxall sent the workout plan to Ramsey in Madison County and Ramsey sustained injury there from following it, creating a substantial act/event in Madison County | Defendants: Acts that occurred in Alabama (acceptance, training, injuries) — mere receipt of mail/signing in Mississippi is insufficient to create venue | Court: Venue under § 11-11-3(1)(a)(I) not established; plaintiff’s complaint pleaded injuries occurring in Alabama and receipt/signing in Mississippi is insufficient to establish a defendant’s substantial act/omission there |
| Whether venue lies in Madison County under § 11-11-3(1)(b) because plaintiff was domiciled in Mississippi when suit was filed | Ramsey: He considered Madison County his domicile and residence when filing | Defendants: Ramsey had become an Alabama resident/domiciliary before filing (Alabama driver’s license, voter registration) | Court: No credible evidence of Mississippi domicile at filing; plaintiff conceded Alabama residency; venue under § 11-11-3(1)(b) not available |
| Whether dismissal (rather than transfer) was improper | Ramsey: Trial court should have transferred case to a proper forum instead of dismissing | Defendants: Mississippi courts cannot transfer to another state; transfer under applicable statutes is only to another Mississippi county | Court: Dismissal without prejudice was proper because Mississippi courts lack authority to transfer to courts in another state |
| Whether trial court abused discretion by denying discovery on venue/personal jurisdiction | Ramsey: Entitled to discovery to develop venue and jurisdictional facts | Defendants: Motion to compel was not pursued to a ruling; no clear abuse of discretion | Court: Ramsey abandoned the motion by not obtaining a ruling; even on merits no clear abuse—denial affirmed |
Key Cases Cited
- Janssen Pharmaceutica, Inc. v. Armond, 866 So. 2d 1092 (Miss. 2004) (standard of review: venue determinations abuse of discretion; plaintiff’s forum choice given deference)
- Hedgepeth v. Johnson, 975 So. 2d 235 (Miss. 2008) (plaintiff selects among permissible venues; selection sustains absent no credible evidence)
- Flight Line, Inc. v. Tanksley, 608 So. 2d 1149 (Miss. 1992) (analysis begins with well-pleaded allegations and other cognizable evidence when testing venue)
- AFLAC v. Ellison, 4 So. 3d 1049 (Miss. 2009) (mere passive effects in a county are insufficient to establish venue)
- Wood v. Safeway Ins. Co., 114 So. 3d 714 (Miss. 2013) (acts of plaintiff in a county—like processing documents—do not create venue based on defendant’s acts)
- Medical Assurance Co. of Miss. v. Myers, 956 So. 2d 213 (Miss. 2007) (receipt of communications in plaintiff’s home county is insufficient to establish venue)
- McCain Builders, Inc. v. Rescue Rooter, LLC, 797 So. 2d 952 (Miss. 2001) (Mississippi courts lack authority to transfer a case to a court of a sister state)
- Wyatt v. Kaplan, 686 F.2d 276 (5th Cir. 1982) (refusal to permit jurisdictional discovery is reviewed for abuse of discretion; such discovery not automatic)
- Hughes v. Hosemann, 68 So. 3d 1260 (Miss. 2011) (Mississippi courts do not issue advisory opinions; appellate courts avoid ruling on unaddressed defenses)