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Coastal Transp. Inc. v. Tillery

Chatham county was not the proper venue for a personal injury action arising out of a collision on a highway in Dougherty county, which involved a motor carrier whose registered agent was located elsewhere.

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We granted this application for interlocutory review to consider whether the trial court erred in denying defendant-appellants’ motion to transfer for improper venue. Because venue of this action does not lie in Chatham County, the trial court erred. The judgment therefore must be reversed and this case remanded for determination of proper venue. This action arose out of a collision on a highway in Dougherty County between an agricultural tractor driven by plaintiff Wesley DeWayne Tillery and a tractor-trailer driven by Ira D. Tyson, an employee of Coastal Transport, Inc. Tillery brought this negligence action in Chatham County against Tyson, Coastal Transport, and Liberty Mutual Insurance Company.1

The defendants filed a joint answer in which they raised improper venue, stating as an affirmative defense, “Venue is improper in this case as to these defendants and therefore the plaintiff’s complaint against these defendants should be dismissed due to improper venue.” After Tyson’s dismissal, Coastal Transport and Liberty Mutual filed a motion to transfer venue to Gwinnett County, alleging that Coastal Transport’s registered office was located in Gwinnett County and that Liberty Mutual’s registered office was located in Cobb County. This motion was denied by the trial court. Appellants’ application for interlocutory appeal was granted.

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