MAIN, Justice.
J & W Enterprises, LLC ("J & W"), and Ezell Coates are defendants in an action pending in the Clarke Circuit Court brought by the plaintiff, Angel Luis Cruz. J & W and Coates petition this Court for a writ of mandamus directing the Clarke Circuit Court to transfer the action to the Mobile Circuit Court. We deny the petition.
This action arises from a truck accident that occurred on October 4, 2011, on Interstate 10 in Mobile County. At the time of the accident, Coates was driving a tractor-trailer rig owned by J & W, his employer. According to the complaint, Coates negligently and/or wantonly operated the tractor-trailer rig, causing it to collide with a tractor-trailer rig being operated by Cruz. Cruz claims injury as a result of the accident, but he did not seek any medical treatment in Mobile County as a result of the accident.
The accident was investigated by the Mobile Police Department. Cruz is a resident of Brownsville, Texas; Coates is a resident of Clarke County, Alabama. J & W's principal place of business is located in Clarke County, Alabama. Other than Cruz and Coates, there are no known eyewitnesses to the accident.
On July 23, 2012, Cruz sued J & W and Coates in the Clarke Circuit Court. Count I alleged a claim of negligence and wantonness based on Coates's operation of the tractor-trailer rig; count II asserted a claim against J & W alleging negligent and/or wanton entrustment of the tractor-trailer rig to Coates; and count III asserted that J & W had negligently and/or wantonly hired, retained, or trained Coates.
On August 23, 2012, J & W and Coates moved to transfer the case from Clarke County to Mobile County. In support of their motion, J & W and Coates argued that, under § 6-3-21.1, Ala.Code 1975, Alabama's forum non conveniens statute, the case was due to be transferred "for the convenience of parties and witnesses" and "in the interest of justice." Cruz filed an opposition to the motion for a change of venue and submitted an affidavit of the investigating police officer, who was employed by the Mobile Police Department and who testified that it was not inconvenient for him to travel to Clarke County to testify in the case. Cruz also submitted an affidavit stating that because Cruz's lawyer was located in Clarke County, venue in Clarke County was more convenient for him. Cruz also noted that both Coates and J & W are located in Clarke County and thus could not claim inconvenience as to Clarke County as a forum. Finally, Cruz argued that, because J & W's place of business is located in Clarke County, the actions giving rise to its alleged negligent and/or wanton entrustment, hiring, retention, and training likewise occurred in Clarke County and, therefore, that the "interest of justice" prong of the forum non conveniens statute compelled that the case remain in Clarke County.
On August 13, 2013, following a hearing, the trial court entered an order denying Coates and J & W's motion to transfer the case. Coates and J & W timely filed a petition for a writ of mandamus seeking review of the trial court's order.
We have held that "`[t]he proper method for obtaining review of a denial of a motion for a change of venue in a civil action is to petition for the writ of mandamus.'" Ex parte Southeast Alabama Timber Harvesting, LLC, 94 So.3d 371, 373 (Ala.2012) (quoting Ex parte National Sec. Ins. Co., 727 So.2d 788, 789 (Ala. 1998)). Nevertheless, the standard for obtaining mandamus review before this Court is a high one:
Ex parte Wilson, 854 So.2d 1106, 1108-09 (Ala.2002) (quoting Ex parte Empire Fire & Marine Ins. Co., 720 So.2d 893, 894 (Ala.1998)). Moreover, "[w]e apply the abuse-of-discretion standard when considering a mandamus petition challenging a venue ruling, and we will not issue the writ unless the trial court exercised its discretion in an arbitrary and capricious manner." Ex parte Brookwood Health Servs., Inc., 781 So.2d 954, 956-57 (Ala.2000). "`Our review is ... limited to those facts that were before the trial court.'" Ex parte Jim Burke Auto., Inc., 776 So.2d 118, 120 (Ala.2000) (quoting Ex parte National Sec. Ins. Co., 727 So.2d at 789).
Coates and J & W argue that the trial court erred in failing to grant their motion to transfer this case to the Mobile Circuit Court. There is no dispute that Clarke County is a proper venue for this case. Coates is a resident of Clarke County, see § 6-3-2(3), Ala.Code 1975 ("In proceedings of a legal nature against individuals... [a]ll ... personal actions [other than actions for the recovery of land or on contracts], if the defendant ... has within the state a permanent residence, may be commenced in the county of such residence...."), and J & W's principal office is located in Clarke County, see § 6-3-7(a)(2), Ala.Code 1975 ("All civil actions against corporations may be brought ... [i]n the county of the corporation's principal office in this state...."). Nevertheless, Alabama's forum non conveniens statute permits the transfer of a civil action from one appropriate venue to another appropriate venue "for the convenience of parties and witnesses, or in the interest of justice." § 6-3-21.1. The forum non conveniens statute provides, in pertinent part:
§ 6-3-21.1(a), Ala.Code 1975. "`A defendant moving for a transfer under § 6-3-21.1 has the initial burden of showing that the transfer is justified, based on the convenience of the parties and witnesses or based on the interest of justice.'" Ex parte Southeast Alabama Timber Harvesting, LLC, 94 So.3d at 373 (quoting Ex
Coates and J & W argue that the "interest of justice" prong of § 6-3-21.1 compels a transfer of this action to the Mobile Circuit Court.
With regard to the "interest of justice" prong of the forum non conveniens statute, this Court has stated:
Ex parte Indiana Mills & Mfg., Inc., 10 So.3d 536, 540 (Ala.2008) (emphasis added).
Coates and J & W contend that Mobile County has a strong connection to this case, particularly because it is the forum in which the injury occurred. Indeed, we have stated that, "[a]lthough it is not a talisman, the fact that the injury occurred in the proposed transferee county is often assigned considerable weight in an interest-of-justice analysis." Ex parte Wachovia Bank, N.A., 77 So.3d 570, 573-74 (Ala. 2011). Coates and J & W rely on three recent cases in which this Court held that the "interest of justice" compelled a change of venue.
In Ex parte Southeast Alabama Timber Harvesting, LLC, supra, the plaintiff's vehicle collided with timber that had fallen from a tractor-trailer rig owned and operated by a timber-harvesting company. The accident occurred in Lee County. The plaintiff suffered serious injuries and was treated in Lee County. Police officers and emergency personnel from Lee County responded to the accident. The only
In Ex parte Indiana Mills & Manufacturing, Inc., supra, the widow of an employee of a waste-disposal company who was killed while driving a garbage truck sued three of her husband's fellow employees and the manufacturer of the truck. The suit was filed in Macon County, where one of the defendants resided and where the waste-disposal company did business. The accident, however, occurred in Lee County. The defendants filed a motion to transfer the case to Lee County based on the doctrine of forum non conveniens. The Macon Circuit Court denied the motion, and the defendants filed a petition for a writ of mandamus in this Court. In granting the petition, we explained:
10 So.3d at 540-41 (footnote omitted).
Finally, Coates and J & W cite Ex parte McKenzie Oil Co., 13 So.3d 346 (Ala.2008). In McKenzie, a driver injured in an automobile accident sued the other driver involved in the accident, as well as the corporation that operated the convenience store that had sold that driver alcoholic beverages several hours before the accident. The action was filed in Barbour County, where the corporation's headquarters were located. The defendants moved, based on the doctrine of forum non conveniens, to transfer the case to Escambia County, where the accident occurred and where the driver had purchased the alcoholic beverages. The Barbour Circuit Court denied
13 So.3d at 349-50.
In each of the three cases relied upon by Coates and J & W, this Court held that the case was due to be transferred "from a county with little, if any, connection to the action, to the county with a strong connection to the action." Ex parte Indiana Mills, 10 So.3d at 540 (quoting Ex parte National Sec. Ins. Co., 727 So.2d at 790 (emphasis added)). Our forum non conveniens analysis has never involved a simple balancing test weighing each county's connection to an action. Rather, to compel a change of venue under the "interest of justice" prong of § 6-3-21.1, the county to which the transfer is sought must have a "strong" nexus or connection to the lawsuit, while the county from which the transfer is sought must have a "weak" or "little" connection to the action. This inquiry necessarily depends on the facts of each case.
In the present case, the facts before this Court do not indicate that Mobile County has a particularly strong connection to this lawsuit. The accident occurred in Mobile County, and the Mobile Police Department prepared an accident report, but there the connections to Mobile County cease.
Nor is Clarke County's connection to the action markedly weak. Both defendants are located in Clarke County. Coates is a resident of Clarke County; J & W's place of business is located in Clarke County. Further, it stands to reason that documents relevant to Cruz's claims, particularly his claims of negligent or wanton entrustment, hiring, retention, and training, are located at J & W's place of business in Clarke County.
Given the specific facts of this case, we cannot say that Mobile County has a significantly stronger connection to this case than does Clarke County so that the interest of justice will be offended by trial in Clarke County. Accordingly, we cannot conclude that the trial court exceeded its discretion in refusing to transfer this action to Mobile County.
Based on the foregoing, we conclude that the trial court did not exceed its discretion in denying Coates and J & W's motion for a change of venue based on the "interest of justice" prong of § 6-3-21.1. Therefore, we deny Coates and J & W's petition for the writ of mandamus.
PETITION DENIED.
MOORE, C.J., and STUART, BOLIN, PARKER, SHAW, WISE, and BRYAN, JJ., concur.
MURDOCK, J., concurs in the result.