![]() Venue here is determined by § 508.040 RSMo 1994. Mandamus is the appropriate remedy where a court fails to perform a ministerial act such as ordering the transfer of a case from a court of improper venue to a court of proper venue. The respondent denied the motions and the petitions for mandamus followed. Domino's sought by motion to have both cases transferred to counties other than the City of St. ![]() Louis of a franchisee of Domino's, One Way Pizza, Inc., which has no involvement in either of the underlying suits. Venue was premised upon the presence in the City of St. Lynn is a Missouri corporation located in Cape Girardeau and doing business in Cape Girardeau and Jefferson Counties. D & D is a Missouri corporation located in Cape Girardeau and doing business in Cape Girardeau and Scott Counties. Domino's does not maintain an office in the City of St. Louis.ĭomino's is a Michigan corporation authorized to do business in Missouri. Both actions were brought in the Circuit Court for the City of St. Jefferson County, for personal injuries sustained in an automobile accident in Jefferson County with an employee of a Domino's franchisee, Lynn Enterprises, Inc., who was delivering pizzas in the regular course of his employment. Case transferred to Supreme Court on certification of dissenting judge. Wampler, a resident of * Opinion originally filed on October 22, 1996. The second action was brought by Terry B. Suit was brought against Domino's Pizza, Inc. In the first action Hilbert Groseclose, identified only as a resident of the State of Missouri, sought to recover for personal injuries sustained in an automobile accident in Scott County with an employee of a Domino's franchisee, D & D Pizza, Inc., who was delivering pizzas in the regular course of his employment. On our own motion we consolidated the two cases. to examine the question of venue in two cases in which the respondent denied Domino's motion to transfer the cases to a different venue. We issued our preliminary writs of mandamus on the petitions of Domino's Pizza, Inc. Motion for Rehearing and/or Transfer to Supreme Court Denied March 20, 1997. Sarachan, Brinker, Doyen & Kovacs, P.C., David G. Boxerman, Rothman, Sokol, Adler & Sarachan, P.C., Gary A. Rosenblum, Goldenhersh, Silverstein & Zafft, P.C., Mark E. Louis, Appleton, Kretmar & Beatty, David M. ![]() *664 Armstrong, Teasdale, Schlafly & Davis, Carl R. Motion for Rehearing and/or Transfer Denied March 20, 1997. Missouri Court of Appeals, Eastern District. DOWD, Judge of the Circuit Court of the City of St.
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