Kennedy v. Henderson

OPALA, V.C.J.,

with whom ALMA WILSON and KAUGER, JJ., join, dissenting.

The court applies today Oklahoma’s common-law doctrine of intrastate forum non conveniens to command that venue of this district court case be moved from Oklahoma to Blaine County. I must recede from its order. I would leave the plaintiffs choice of venue undisturbed and declare the invoked doctrine of our unwritten law1 abrogated by recent discordant legislative enactments.

I

PLAINTIFF’S CLAIM TO HIS CHOSEN VENUE IS EXPLICITLY ESTABLISHED BY STATUTE AND MUST BE LEFT UNDISTURBED UNLESS THE PLAINTIFF’S CHOICE IS FOUND TO BE…