Ex parte Nathan Nash PETITION FOR WRIT OF MANDAMUS (In re: Joshua Hunter Jones and Davis Ice Cream Alabama, LLC) (Jefferson Circuit Court: CV-24-901910).
SC-2024-0834
Ala.Jun 27, 2025Background
- Plaintiff Nathan Nash sued Joshua Hunter Jones and Davis Ice Cream Alabama, LLC over an automobile collision in Tuscaloosa County.
- Nash brought the suit in Jefferson County, alleging negligence against Jones and negligent hiring/training against Davis Ice Cream.
- Davis Ice Cream's principal place of business is in Jefferson County. Nash and Jones each reside in counties adjacent to Jefferson County.
- Nash received all post-collision medical treatment in Jefferson County; his employer (regarding his lost wages claim) is also in Jefferson County.
- Davis Ice Cream moved to transfer venue to Tuscaloosa County, relying on Alabama's forum non conveniens statute, on grounds the accident occurred there.
- The trial court granted the transfer; Nash petitioned for mandamus relief, arguing the transfer was improper under the "interest of justice" prong of the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transfer to Tuscaloosa County under the "interest of justice" was warranted | Jefferson County had strong connection via parties, evidence, and relevant claims | Site of accident and potential local witnesses warranted transfer | Transfer not warranted; Jefferson County has sufficient nexus |
Key Cases Cited
- Ex parte BOC Grp., Inc., 823 So. 2d 1270 (Ala. 2001) (standard for mandamus relief, including venue decisions)
- Ex parte Integon Corp., 672 So. 2d 497 (Ala. 1995) (mandamus review of venue rulings focuses on discretion)
- Ex parte Burgess, 298 So. 3d 1080 (Ala. 2020) (venue transfer requires strong connection to transferee county and weak one to original venue)
- Ex parte J & W Enters., LLC, 150 So. 3d 190 (Ala. 2014) (mere location of accident insufficient for "interest of justice" venue transfer)