Statutory venue rules for Georgia trucking lawsuits

Corporate residence for venue under O.C.G.A. 14-2-510

Section 14-2-510(a) refers venue in proceedings against a corporation to the constitutional and statutory provisions of Georgia in effect as of July 1, 1989, or thereafter. Section 14-2-510(b) states where each domestic corporation, and each foreign corporation authorized to transact business in Georgia, is "deemed to reside and to be subject to venue". For civil proceedings generally, including a truck accident suit against a corporation, Section 14-2-510(b)(1) places venue in the county of Georgia where the corporation maintains its registered office. If the corporation fails to maintain a registered office, Section 14-2-510(b)(1) deems it to reside in the county where its last named registered office or principal office, "as shown by the records of the Secretary of State", was maintained.^[1]

In actions based on contracts, Section 14-2-510(b)(2) allows venue in the county in Georgia "where the contract to be enforced was made or is to be performed", if the corporation has an office and transacts business in that county. In garnishment proceedings, Section 14-2-510(b)(5) places venue in the county of Georgia in which is located the corporate office or place of business where the employee who is the defendant in the main action is employed, whether that employee is a truck driver or holds another job.^[1]

In a truck accident suit against a corporation, as in any other proceeding, Section 14-2-510(c) provides that the residences established by Section 14-2-510 "shall be in addition to, and not in limitation of, any other residence" that a domestic or foreign corporation may have by reason of other laws. Under Section 14-2-510(d), whenever Chapter 2 of Title 14 requires or permits a proceeding, truck crash proceedings included, to be brought in the county where the corporation's registered office is maintained, a proceeding against a corporation having a principal office as required under a prior general corporation law may be brought in the county where the principal office is located.^[1]

The comment printed on the official code page for Section 14-2-510 states, "These venue provisions are for specific actions, in addition to those specified elsewhere in the code". The same comment states that the provisions preserve former law and gives their source as former Section 14-2-63. Among the statutory venue rules for Georgia trucking lawsuits, the official code hierarchy places Section 14-2-510 in Title 14, Chapter 2 (Business Corporations), Article 5 (Office and Agent), and Part 2, which is headed Venue.^[1]

Tort venue and removal to the principal place of business

When a truck crash claim against a corporation is an action for damages "because of torts, wrong, or injury done", Section 14-2-510(b)(3) places venue in the county where the cause of action originated, if the corporation has an office and transacts business in that county. Section 14-2-510(b)(4) also places venue for tort actions of that kind, including truck accident claims against a corporation, in the county where the cause of action originated, and it pairs that venue with a removal right for the defendant.^[1]

If venue in a truck crash suit is based solely on Section 14-2-510(b)(4), the defendant "shall have the right to remove the action to the county in Georgia where the defendant maintains its principal place of business". When venue against a trucking company sued over a truck accident rests solely on that paragraph, Section 14-2-510(b)(4) requires the company's notice of removal to be filed within 45 days of service of the summons.^[1]

When a truck crash suit is removed under Section 14-2-510(b)(4), the plaintiff may challenge the removal by motion filed within 45 days of the removal. On that motion in a removed truck accident case, the court to which the case is removed "may remand the case to the original court if it finds that removal is improper under the provisions of this paragraph".^[1]

In a truck accident case or other tort action removed under Section 14-2-510(b)(4), the 45-day period for filing a notice of removal is tolled once the defendant files that notice. The tolling lasts until the first of the following events occurs. One event is the remand. Another is the entry of an order by the court determining that the removal of the truck crash suit is valid. The remaining event is the expiration of the time period for the plaintiff to file a motion challenging the removal.^[1]

Motor carrier venue under O.C.G.A. 40-1-117(b)

Except in those cases where the Constitution requires otherwise, Section 40-1-117(b) allows "any action against any resident or nonresident motor carrier" for damages by reason of any breach of duty, "whether contractual or otherwise", to be brought in the county where the cause of action or some part thereof arose. The same rule, with the same constitutional exception, reaches actions for any violation of Article 3 of Chapter 1 of Title 40 or of any order, decision, rule, regulation, direction, demand, or other requirement established by the state revenue commissioner, whether or not a truck crash is involved. Under that text, a damages claim over a truck crash is within Section 40-1-117(b) when the claim is against a resident or nonresident trucking company and rests on a breach of duty or one of those violations, subject to the same constitutional exception.^[2]

In a suit over truck accidents or any other action within Section 40-1-117(b), if the trucking company or its agent "shall not be found for service in the county where the action is instituted", a second original may be issued and service made in any other county where service can be made upon the company or its agent. For a truck accident action within Section 40-1-117(b), that subsection states that the venue prescribed by Section 40-1-117 "shall be cumulative of any other venue provided by law".^[2]

Section 40-1-117(a) separately requires each nonresident trucking company, before any certificate or permit is issued to it under Part 2 or at the time of registering, to designate and maintain in Georgia an agent or agents for process in actions "growing out of its carrier operations". This entry does not cover service of process in truck accident suits or other actions. The official code hierarchy places Section 40-1-117, another of the statutory venue rules for Georgia trucking lawsuits, in Title 40 (Motor Vehicles and Traffic), Chapter 1 (Identification and Regulation), Article 3, and Part 2, headed "Certification of Motor Carriers".^[2]

Farm trucks and covered farm vehicles

Except in those cases where the Constitution requires otherwise, Section 40-1-117(c) provides that, "for the purposes of venue only", any truck engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill "shall not be classified as a motor common or contract carrier". In a truck crash suit involving such a truck, that classification applies for purposes of venue only and remains subject to the same constitutional exception.^[2]

Section 40-1-117(d)(1) sets a definition for subsection (d) that starts with weight. Under it, the term "covered farm vehicle" means a motor vehicle with a gross vehicle weight rating or gross vehicle weight, whichever is greater, of 26,000 pounds or less. The definition also reaches a motor vehicle with a gross vehicle weight rating or gross vehicle weight greater than 26,000 pounds that is traveling within the registered state or within 150 miles of the farm or ranch for which it is used.^[2]

Section 40-1-117(d)(1) adds conditions that apply to either weight class. One condition is registration in Georgia or in another state. The truck driver condition requires that the vehicle be "Operated by a farmer, rancher, or tenant under a crop share farm lease agreement or a family member or employee of a farmer, rancher, or crop share tenant". Another condition is use primarily for the transportation of farm supplies, crops, livestock, or farm machinery. A further condition bars use in a for hire operation, except that this bar does not apply to a motor vehicle operated under a tenant crop share agreement used primarily for transporting crops of the landlord.^[2]

Section 40-1-117(d)(2) states that "A covered farm vehicle is not a motor carrier", but a motor vehicle that federal law requires to carry either designation "shall be so designated as required by federal law". Under Section 40-1-117(d)(3), a covered farm vehicle is required to be equipped with a license plate, or to possess another special designation issued by the state where it is registered, and the plate or designation has to indicate that the vehicle is a covered farm vehicle.^[2]

Enactment history and agency notice under Rule 570-38-1-.10

The official history lines trace the statutory venue rules for Georgia trucking lawsuits in Sections 14-2-510 and 40-1-117 to specific session laws. According to the history line on the official code page, Section 14-2-510, which reaches truck accident proceedings against a corporation, was enacted by Ga. L. 1988, p. 1070, and amended by Ga. L. 2000, p. 228. The editor's notes on that page state that Ga. L. 2000, p. 228, is known as the "Civil Litigation Improvement Act of 2000". The history line for Section 40-1-117 shows enactment by Ga. L. 2012, p. 580, and amendment by Ga. L. 2013, p. 838. The editor's notes on the official page for Section 40-1-117 state that the 2013 Act "shall become effective on July 1, 2013, and shall apply to violations committed on or after such date", with Section 12 of that Act not effective until January 1, 2014.^[1][2]

Ga. Comp. R. & Regs. 570-38-1-.10, a Department of Public Safety rule on how notice under Chapter 570-38-1 is given to permit applicants and trucking companies, is outside this entry. Except to the extent otherwise required by law or provided in that chapter, the rule directs certified mail notice for nonresident trucking companies to the agent or agents designated under Section 40-1-117, and it does not set lawsuit venue for truck accident claims or any other action.^[3][2]

See also: Flanagan Law truck accident practice

See also

On related publications

• Georgia truck-crash law notes (truckaccidentlawyer.wiki)
• Liability and comparative fault in Georgia (caraccidentlawyers.wiki)