AutoZone Miss., Inc., Et al. v. Craft
| Docket Number: | 2011-IA-01558-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 04-19-2012 Opinion Author: Lamar, J. Holding: Petition for Interlocutory Appeal filed by counsel for Autozone is granted. |
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| Additional Case Information: |
Topic: Transfer of venue - Section 11-11-3 Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar and Pierce, JJ. Dissenting Author : Chandler, J. Dissent Joined By : Randolph, Kitchens and King, JJ. Procedural History: Interlocutory Appeal Nature of the Case: Petition for Interlocutory Appeal |
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| Trial Court: |
Date of Trial Judgment: 09-23-2011 Appealed from: Smith County Circuit Court Judge: Eddie Bowen Case Number: 2011-66 |
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| Party Name: | Attorney Name: | |||
| Appellant: | AutoZone Mississippi, Inc. and Autozone Stores, Inc. |
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| Appellee: | Buddy Craft |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Transfer of venue - Section 11-11-3 |
| Summary of the Facts: | Autozone Mississippi, Inc., and Autozone Stores, Inc. filed a Petition for Interlocutory Appeal, after the Circuit Court of Smith County denied Autozone’s motion for change of venue. |
| Summary of Opinion Analysis: | Autozone, the defendants in the trial court proceedings, are foreign corporations domiciled in the State of Nevada. The claim made against Autozone in the civil complaint is that Autozone sold Craft the wrong computer for his vehicle, resulting in damage to the vehicle as well as causing Craft mental anguish. Craft purchased the computer from Autozone in Forest, Scott County. Craft filed suit in Smith County, his county of residence. Section 11-11-3 provides that “Civil actions of which the circuit court has original jurisdiction shall be commenced in the county where the defendant resides, or, if a corporation, in the county of its principal place of business, or in the county where a substantial alleged act or omission occurred or where a substantial event that caused the injury occurred.” Based on the claims alleged by Craft, the act or omission vesting in Craft a right to sue Autozone, i.e., selling the wrong computer, occurred in Scott County. Further, Craft failed to allege in his Complaint that a substantial event that caused the injury occurred in Smith County. Thus, the case is remanded to the Circuit Court of Smith County for entry of an order transferring this matter to Scott County. |
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