394 S.W.3d 446
Mo. Ct. App.2013Background
- Kinsey was injured in a February 2010 car accident in Greene County involving Bledsoe and filed suit in Greene County against Bledsoe in November 2010.
- Kinsey was involved in a second car accident in January 2011 in Jefferson County with defendant Bieser, involving injuries to the same body parts as the first accident.
- Kinsey amended his Greene County petition in April 2011 to add Bieser; Greene County severed Bieser’s counts and transferred them to Jefferson County.
- Kinsey sought re-transfer to Greene County; Jefferson County denied, and Kinsey filed a mandamus petition in this court in January 2018 seeking re-transfer.
- This court issued a Preliminary Order and then made it permanent, directing the Respondent to re-transfer the action to Greene County, addressing venue issues arising from permissive joinder under Rule 52.05 and the 2005 tort reform amendment to Section 508.010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Greene County is proper venue for the Bieser action under 508.010.4. | Kinsey asserts Greene County is proper as the first-injury venue. | Respondent contends venue remains improper for Bieser in Greene County. | Venue proper in Greene County under 508.010.4. |
| Whether permissive joinder under Rule 52.05(a) conflicts with venue rules post-2005 reform. | Kinsey joined Bledsoe and Bieser for a common series of transactions. | Joinder cannot override venue requirements; venue limited to first injury. | No conflict; venue determined by 508.010.4 in Greene County. |
| Whether the court should grant mandamus to re-transfer based on venue and joinder jurisprudence. | Relator has a clear right to the relief due to proper venue. | Respondent’s discretion on transfer should stand absent error. | Preliminary writ made permanent; Respondent must re-transfer to Greene County. |
Key Cases Cited
- Hager v. McGlynn, 518 S.W.2d 173 (Mo.App.1974) (permissive joinder of successive accidents; same injury justified joinder; but venue considerations separate)
- Turnbough v. Gaertner, 589 S.W.2d 290 (Mo. banc 1979) (venue limits; joinder cannot create venue where not allowed by law)
- Jinkerson v. Koehr, 826 S.W.2d 346 (Mo. banc 1992) (venue proper where first injury county; joinder not to create venue; limits on 52.05(a) for venue)
- Sims v. Sanders, 886 S.W.2d 718 (Mo.App. E.D.1994) (rejected broad joinder of separate, successive accidents; limited joint liability)
- Nixon v. Dally, 248 S.W.3d 615 (Mo.banc 2008) (held that series of transactions permits joinder; venue governed by first injury under 508.010.4; reconciled with Rule 52.05)
- Dally, 248 S.W.3d 615 (Mo. 2008) (clarified that series of transactions can permit joinder; venue not overridden where same county; post-reform relevance)
- State ex rel. Doe Run Res. Corp. v. Neill, 128 S.W.3d 502 (Mo.banc 2004) (standard for evaluating whether petition states a claim for venue purposes)
- State ex rel. City of Jennings v. Riley, 236 S.W.3d 630 (Mo.banc 2007) (notwithstanding clause; conflict elimination in venue context)