[DOWNLOAD] "State Ex Rel. Coca Cola Bottling Company" by En Banc Supreme Court of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Coca Cola Bottling Company
- Author : En Banc Supreme Court of Missouri
- Release Date : January 18, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Coca Cola Bottling Company of Mid-America seeks prohibition or mandamus to prevent Judge Gary Gaertner from transferring the underlying damage suit from the Circuit Court of the City of St. Louis to the Circuit Court of Pettis County and from taking any further action in the case other than to dismiss it for lack of proper venue. A provisional rule in prohibition and an alternative writ of mandamus issued April 16, 1984. The question is whether joinder of a party whose presence in the suit supports venue but against whom the statute of limitations has run establishes proper venue for a suit against a co-defendant not otherwise subject to the jurisdiction of the court. If not, the related question is whether a court that lacks jurisdiction because venue is improper can transfer the case to a court of proper venue. The preliminary writ of prohibition is made absolute. On July 25, 1978, Glen Graham was injured on Coca Cola's premises when struck by a fork lift operated by Jesse McFail, an employee of Coca Cola. On February 22, 1983, plaintiff Graham filed a personal injury action against defendant Coca Cola in the City of St. Louis. The only connection defendant has with St. Louis City is the presence there of its registered agent for service of process. Defendant entered a special appearance March 25, 1983, to challenge venue. On August 1, 1983, plaintiff filed an amended petition in St. Louis City to join McFail as a defendant. Defendant Coca Cola again entered a special appearance to challenge venue, and defendant McFail filed a motion to dismiss. Judge Gaertner dismissed the amended petition against McFail under the bar of the statute of limitations; and over the objection of Coca Cola, the court transferred the case to Pettis County.