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HD Supply Inc. v. Garger

The relation back provision of O.C.G.A. § 9-11-15 c provides that venue over a later-added party should be assessed based on the facts existing when the suit was originally filed.

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Following the grant of their application for interlocutory review, defendants HD Supply, Inc. and Williams Bros. Lumber Co., LLC d/b/a HD Supply Lumber & Building Materials appeal the trial court’s denial of their motion to transfer venue. The primary question on appeal is whether venue with regard to a defendant added as a party under OCGA § 9-11-15 c should be determined based upon the facts existing at the time the original action was filed or at the time the defendant was added as a party. We conclude that venue over the added defendant should be based upon the facts existing at the time the original action was filed. Accordingly, we affirm. The denial of a motion to transfer is reviewed for an abuse of discretion, see Radar v. Levenson , 290 Ga. App. 227, 230 1 c 659 SE2d 655 2008, and we will affirm the trial court’s findings on disputed factual questions relating to venue if there is any evidence to support them. See Camp v. Peetluk , 262 Ga. App. 345, 348 1 585 SE2d 704 2003. But we review de novo the trial court’s application of the law to undisputed facts. See Murdock v. Madison River Terminal , 249 Ga. App. 608, 609 547 SE2d 802 2001.

So viewed, the record reflects that on December 13, 2007, George Garger was killed in an automobile collision that occurred in Fulton County. The driver of the other vehicle was Robbin Zeigler, who allegedly had become intoxicated at an event where his employer provided alcohol. Zeigler’s employer allegedly continued furnishing him with alcohol despite knowing that he was intoxicated and that he would soon be driving a motor vehicle.

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