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Natasha Blakemore, As Mother Of Natroya Hulbertv.Dirt Movers, Inc Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A1540
DecidedJanuary 11, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawWrongful DeathCivil ProcedureStatutory InterpretationReversalRemand
Case Summary

After her daughter died in a motor-vehicle accident, Natasha Blakemore brought a wrongful-death action against Dirt Movers, a domestic motor-carrier corporation. The complaint alleged venue under a statute specific to motor carriers and also prompted Dirt Movers to remove the case to the county where its principal place of business was located. Blakemore moved to remand, but the trial court denied the motion. The Court of Appeals held that the removal statute applied only when venue was based solely on its own provision. Because Blakemore’s complaint invoked the separate motor-carrier venue statute, Dirt Movers had no right to remove the action under the plain text of the removal statute. Reading the statutes together also avoided rendering the motor-carrier venue provision meaningless and did not require an implied repeal. The court reversed the order denying remand and directed that the action return to Bibb County.

Opinion

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