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Mohawk Indus. Inc. v. Clark

A plaintiff can amend his complaint to assert venue in the original county after a corporate defendant has removed the case under O.C.G.A. § 14-2-510 b 4.

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The sole issue in this case is whether, after a corporate defendant has removed a case under OCGA § 14-2-510 b 4 to the county where its principal office is located, a plaintiff can amend the complaint to assert facts supporting venue in the original county. Because we find that a plaintiff is entitled to make such an amendment, we affirm the trial court’s order of remand.

This appeal arises from a tractor trailer/pickup collision that occurred on January 15, 2001. That day, Jacqueline Clark was driving her pickup truck on Highway 225 in Murray County. Her five-year-old son, William Jacob Clark, was a passenger. As the pickup approached, Joseph A. Corvi drove a tractor trailer, owned by Mohawk Industries, Inc., out of a private driveway and onto the highway. The two vehicles collided. William Clark was killed and Jacqueline Clark received severe injuries, including head injuries. The appellees, Nancy C. Clark and William P. Clark, are the parents of Jacqueline Clark and her legal guardians. They filed two lawsuits in Murray County Superior Court on Jacqueline’s behalf: 1 a claim for damages for the wrongful death of her son A02A2365 and 2 a separate claim for damages for her own injuries A02A2364.

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