« Ind. Courts - More on: OK, where are these opinions? | Main | Ind. Courts - More judicial announcements »
Wednesday, January 23, 2008
Ind. Decisions - Supreme Court posts one today, decided 1/22/08
In Randolph County v. Chamness, a 5-page, 5-0 opinion on an interlocutory appeal, Chief Justice Shepard writes:
This case arose when a car carrying four young women left the roadway in Randolph County, and overturned and ejected one of its occupants in Delaware County, severely injuring her. The dispute so far has centered on which county has venue, the very sort of procedural wrangle that venue rules seek to avoid. We hold that when a vehicle leaves the pavement on one side of a county line and comes to rest on the other side, preferred venue lies in both counties. * * *This extraordinary situation, evocative of a law professor’s hypothetical, merely calls for adherence to the spirit of convenience underlying the venue rules, rather than an examination of the technical language.3 Witnesses are likely to be found in either or both counties. A police report is just as likely found in either county. A jury viewing of the accident site is easily arranged from either county. Most people would say that this accident occurred in both counties, and if we were to hold that an “accident or collision” must occur only in one county, we would not add any level of convenience, only a level of disputatiousness.
If a car runs off the road in one county, and lands in another, an injured plaintiff may file suit in either county. Our construction of Rule 75(A)(3) in this rare circumstance does no violence to the rule’s language, nor can be it be said that the narrow rule we announce today defies the expectations of litigants.
Conclusion. We affirm the trial court’s decision denying change of venue from Delaware County.
Posted by Marcia Oddi on January 23, 2008 06:18 PM
Posted to Ind. Sup.Ct. Decisions