967 N.E.2d 1
Ind. Ct. App.2012Background
- Booth, Tipton County resident, was injured in a collision on County Road 1100 in Tipton County; Wilson, Bergin, Salsbery related to the collision; State and County defendants joined; Booth filed in Marion County; Tipton County moved to transfer venue; trial court denied transfer; State was later argued to be misjoined; appellate court reverses and remands to Tipton County.
- County Road 1100 was claimed to be under Tipton County control; County asserted State had no duty of care; State was joined to establish venue in Marion County; evidence later showed County control by Tipton County.
- The State is not a preferred venue if dropped; the trial court should determine if the State is a proper party given control of the road.
- Marion County is not preferred once the State is dropped; the injury occurred in Tipton County and most parties reside there; Indiana special venue rules for motor vehicle accidents support Tipton County.
- The appeal was brought under Appellate Rule 14 and resulted in reversal and remand for transfer to Tipton County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State was misjoined and should be dropped | Booth argues misjoinder to obtain Marion venue | Tipton County defendants contend the State is sham/misjoined | State should be dropped; Marion venue not proper |
| Whether Marion County was proper under Trial Rule 75 | Marion venue justified by multiple preferred venues | Venue should be Tipton County since most parties reside there and road controlled by Tipton | Marion is not a preferred venue; remand to Tipton County |
| Whether Booth waived venue challenge | Booth did not waive by not raising early | Waiver applies if not raised | Booth's waiver claim rejected; issue reviewed on merits |
Key Cases Cited
- Mishler v. State, 730 N.E.2d 229 (Ind.Ct.App. 2000) (State may be dropped if it lacks duty of care over road")
- State ex rel. v. Ind. State Bd. of Tax Comm'rs v. Ind. Chamber of Commerce, 712 N.E.2d 992 (Ind.Ct.App. 1999) (court discusses preferred venue principles)
- R & D Transport, Inc. v. A.H., 859 N.E.2d 332 (Ind. 2006) (special venue rules for motor vehicle accidents)
- Meridian Mut. Ins. Co. v. Harter, 671 N.E.2d 861 (Ind. 1996) (no priority among preferred venue subsections)
- Coffman v. Olson & Co., P.C., 872 N.E.2d 145 (Ind.Ct.App. 2007) (no single preferred venue control when multiple exist)
- Am. Family Ins. Co. v. Ford Motor Co., 857 N.E.2d 971 (Ind. 2006) (standard for appellate review of venue decisions)