93 N.E.3d 1127
Ind. Ct. App.2018Background
- On Jan. 23, 2017, Snedeker allegedly shot and killed the Bagsbys' dog in Warren County; both parties were neighbors in Pine Village (Warren County).
- The Bagsbys took the dog to Tippecanoe County for a necropsy and then filed suit in Tippecanoe County asserting conversion, intentional and negligent infliction of emotional distress, trespass to chattel, and negligence.
- Snedeker moved to transfer venue to Warren County under T.R. 12(B)(3) and 75(A); the trial court granted the motion, concluding the incident and all relevant facts occurred in Warren County and Tippecanoe’s connection (necropsy) was immaterial.
- The court emphasized concern over forum shopping if plaintiffs could create preferred venue by moving a chattel after an incident.
- The Bagsbys appealed interlocutorily as of right under Ind. App. R. 14(A)(8); the Court of Appeals affirmed the transfer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tippecanoe County is a "preferred venue" under T.R. 75(A)(2) because the dog was located there at filing | Tippecanoe is preferred because the dog (a chattel) was located there after necropsy and plaintiffs intend to bury the dog there and own a home there | Venue is proper in Warren County because the incident and all operative events occurred there; Tippecanoe’s only connection is post-incident possession of the dog | Court: Tippecanoe is not a preferred venue; transfer to Warren County affirmed |
Key Cases Cited
- Am. Family Ins. Co. v. Ford Motor Co., 857 N.E.2d 971 (Ind. 2006) (explains T.R. 75 preferred venue framework and that filing in a preferred county prevents transfer)
- R & D Transp., Inc. v. A.H., 859 N.E.2d 332 (Ind. 2006) (T.R. 75(A)(2) focuses on the location of the property or activity that gives rise to the claim; mere location of chattel unrelated to the claim does not create preferred venue)
- Gulf Stream Coach, Inc. v. Cronin, 903 N.E.2d 109 (Ind. Ct. App. 2009) (moving a chattel to a county solely in anticipation of litigation does not make that county a county where the chattel is "regularly located and kept" for T.R. 75(A)(2))
- Surfware, Inc. v. Allied Specialty Precision, Inc., 876 N.E.2d 1156 (Ind. Ct. App. 2007) (preferred venue proper where the accident and resulting damages occurred in that county)