Ex Parte Fuller

Ricky V. Fuller and M M Trucking Company, Inc. ("M M Trucking"), petition this Court for a writ of mandamus ordering the trial court to vacate its order denying their motion to transfer the underlying case from Macon County to Lee County and to enter an order transferring the case. We grant the petition.

I. Facts and Procedural Posture

In December 2004, Susan M. Crain was injured when her car collided with a dump truck in an intersection in Lee County. Susan and her husband, Kurt Crain, sued the driver of the dump truck, Fuller, and his employer, M M Trucking, in the Macon Circuit Court. Fuller…