B&N is a Delaware limited-liability company that has its principal address in Houston, Texas.
JETTISON ENVIRONMENTAL TRIAL
On September 16, 2019, Rachel Curtis, as the administrator of Zane's estate, filed a complaint for worker's compensation benefits against B&N in the Montgomery Circuit Court ("the trial court"). His widow, Rachel Curtis, was appointed as the administrator of his estate. At the time, Zane was dumping mulch at a landfill in Prattville that was operated by JB Waste Connection, LLC ("JB Waste"). Facts and Procedural History On April 12, 2019, Zane Yates Curtis, a North Carolina resident who was employed by B&N, was killed when a portion of his tractortrailer made contact with an energized overhead power line in Autauga County. We grant the petition and issue the writ. 1210104 Alabama Power Company ("Alabama Power"), B&N Clearing and Environmental, LLC ("B&N"), and Jettison Environmental, LLC ("Jettison")(collectively referred to as "the petitioners"), petition this Court for a writ of mandamus directing the Montgomery Circuit Court to vacate its order denying their motions to transfer this action to the Autauga Circuit Court and to enter an order granting the motions.
B&N Clearing and Environmental, LLC, et al.) (Montgomery Circuit Court, CV-19-901739) PER CURIAM. SUPREME COURT OF ALABAMA OCTOBER TERM, 2021-2022 _ 1210104 _ Ex parte Alabama Power Company, B&N Clearing and Environmental, LLC, and Jettison Environmental, LLC PETITION FOR WRIT OF MANDAMUS (In re: Rachel Curtis, as administrator of the Estate of Zane Yates Curtis, deceased v. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. Rel: JNotice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. The writ petition was granted and the Montgomery Court ordered to transfer the case to Autauga. Because venue in Montgomery County was not proper as to B&N when the action was commenced, the Alabama Supreme Court found the trial court exceeded its discretion in denying the motions to transfer the case to Autauga County, where venue would have been proper. B&N filed answers to both complaints, specifically including the defense of improper venue. JB Waste was an Alabama limited-liability company with an office in Montgomery County and did business in Montgomery County and Autauga County. Jettison was an Alabama limited-liability company that had its principal place of business in Autauga County. Alabama Power was an Alabama corporation that had its principal place of business in Birmingham. Rachel amended her complaint to include a workers’ compensation claim against B&N, and negligence and wantonness claims against Alabama Power, Jettison, and JB Waste. It did not have a physical office in the State of Alabama, it did not have a principal office in Montgomery County or any other Alabama county, and none of its members were residents of Montgomery County or any other Alabama county. B&N was a Delaware limited-liability company whose principal address was in Houston, Texas. Rachel Curtis, as the administrator of Zane's estate, filed a complaint for worker's compensation benefits against B&N in the Montgomery Circuit Court. At the time, Zane was dumping mulch at a landfill in Prattville that was operated by JB Waste Connection, LLC. In 2019, Zane Yates Curtis, a North Carolina resident who was employed by B&N, was killed when a portion of his tractor-trailer made contact with an energized overhead power line in Autauga County. Alabama Power Company ("Alabama Power"), B&N Clearing and Environmental, LLC ("B&N"), and Jettison Environmental, LLC ("Jettison") petitioned the Alabama Supreme Court for a writ of mandamus directing the Montgomery Circuit Court to vacate its order denying their motions to transfer this action to the Autauga Circuit Court and to enter an order granting the motions.
0 kommentar(er)
