Ex Parte Children's Hospital of Alabama

The Children's Hospital of Alabama and Martha Pszyk petition this Court for a writ of mandamus directing the trial court to transfer a case from the Bessemer Division of the Jefferson Circuit Court to the Birmingham Division. The respondent, Harrison Taylor Terry, as personal representative of the estate of Austin Taylor Terry, deceased, moved to dismiss the petition for the writ of mandamus. We deny the motion to dismiss, grant the petition, and issue the writ.

Facts and Procedural History

On September 6, 2002, Austin Taylor Terry, a 14-month-old child, was admitted to the emergency room of…