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Kelly-Springfield Tire Co. v. Moore

District Court of Appeal of Florida, Third District
Mar 17, 1978
355 So. 2d 451 (Fla. Dist. Ct. App. 1978)

Summary

holding that trial court abused its discretion in denying motion to transfer venue from Dade County to Highlands County where accident occurred in or near Highlands County, the alleged defective tire was sold in Highlands County, personal representatives of estate resided in Highlands County, material witnesses to the accident resided in Highlands County

Summary of this case from Cooper Tire v. Estate of Chavez

Opinion

No. 77-1191.

February 14, 1978. Rehearing Denied March 17, 1978.

Appeal from the Circuit Court, Dade County, Arden M. Siegendorf, J.

Adams, George, Schulte Ward and Amy Shield Levine, Miami, for appellant.

Headley Sudduth, Sam Daniels, Miami, for appellees.

Before HAVERFIELD, C.J., HENDRY, J., and DREW, E. HARRIS (Ret.), Associate Judge.


This is an interlocutory appeal by appellant/defendant Kelly-Springfield Tire Company, from an order in a wrongful death action denying its motion for change of venue.

Appellee/plaintiff, Noreene Moore, as personal representative of her deceased husband's estate, filed a wrongful death action against appellant in Dade County Circuit Court. The complaint alleged that appellee's husband was killed when a tire manufactured by appellant exploded while the deceased, a City of Sebring police officer, was driving a city police cruiser on State Road 25, one-tenth of a mile north of Sebring.

Appellant filed a "motion for change of venue or for transfer of cause" contending that "the 10th Judicial Circuit in Sebring, Florida, is the proper venue and most convenient venue for disposition of this cause." The trial judge denied the motion and this interlocutory appeal was taken.

The sole issue for our determination in this appeal is whether, pursuant to Section 47.122, Florida Statute (1975), the court abused its discretion in denying appellant's motion for a change of venue. Based upon the facts that are set forth below, it is our opinion that the court did abuse its discretion, warranting our reversal of the order appealed from.

Section 47.122, Florida Statutes (1975) provides that:

"For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought."

With the above statute in mind, the facts reveal that the fatal accident occurred outside the City of Sebring; that the alleged defective tire was sold and mounted on the police cruiser by Yarbrough Tire Service of Sebring; that appellees, and all parties represented by appellees, are presently residents of Sebring; and that the material witnesses to the accident (rescue squad personnel, treating physicians; investigative police officers, etc.) are residents of Sebring. As such, it is our opinion that in the interest of justice and for the convenience of the parties and witnesses, venue is more properly suited in the Tenth Judicial Circuit in and for Highland County and the court abused its discretion in denying the motion for change of venue. Gaboury v. Flagler Hospital, Inc., 316 So.2d 642 (Fla. 4th DCA 1975); Hertz Corporation v. Rentz, 326 So.2d 216 (Fla. 4th DCA 1976). See also Tankel v. Seiberling Rubber Co., 95 F. Supp. 987 (N.D.Cal., S.D. 1951) construing the Federal forum non-conveniens statute, 28 U.S.C. § 1404(a).

Accordingly, the order appealed from is reversed and remanded with directions to transfer the cause to the Circuit Court of the Tenth Judicial Circuit.

Reversed and remanded with directions.


Summaries of

Kelly-Springfield Tire Co. v. Moore

District Court of Appeal of Florida, Third District
Mar 17, 1978
355 So. 2d 451 (Fla. Dist. Ct. App. 1978)

holding that trial court abused its discretion in denying motion to transfer venue from Dade County to Highlands County where accident occurred in or near Highlands County, the alleged defective tire was sold in Highlands County, personal representatives of estate resided in Highlands County, material witnesses to the accident resided in Highlands County

Summary of this case from Cooper Tire v. Estate of Chavez

reversing order denying transfer of case from Dade County to Highlands County

Summary of this case from Hall v. R.J. Reynolds Tobacco Co.

reversing order denying transfer of case from Dade County to Highlands County

Summary of this case from Hall v. R.J. Reynolds Tobacco Co.

In Kelly-Springfield Tire Co. v. Moore, 355 So.2d 451, 452 (Fla. 3d DCA 1978), the court found venue should have been transferred to the county where the accident occurred, the allegedly defective tire was sold and mounted, all plaintiffs resided, and the material witnesses to the accident resided.

Summary of this case from Pep Boys v. Montilla
Case details for

Kelly-Springfield Tire Co. v. Moore

Case Details

Full title:THE KELLY-SPRINGFIELD TIRE COMPANY, A FOREIGN CORPORATION, APPELLANT, v…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 17, 1978

Citations

355 So. 2d 451 (Fla. Dist. Ct. App. 1978)

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