State ex rel. Steve Dowdy and Kierra Dowdy, a Minor, by and through her father and next friend, Steve Dowdy, Relators v. The Honorable Margaret M. Neill and the Honorable Barbara W. Wallace, Respondents.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion

Case Style: State ex rel. Steve Dowdy and Kierra Dowdy, a Minor, by and through her father and next friend, Steve Dowdy, Relators v. The Honorable Margaret M. Neill and the Honorable Barbara W. Wallace, Respondents. Case Number: SC84400 Handdown Date: 12/10/2002 Appeal From: ORIGINAL PROCEEDING IN MANDAMUS Counsel for Appellant: David L. Steelman, Stephen F. Gaunt and Dale Haralson Counsel for Respondent: William A. Brasher and John H. Marshall Opinion Summary: Steve and Kierra Dowdy filed a wrongful death lawsuit in St. Louis city against Burlington Northern and Santa Fe Railway Company and a codefendant who lives in Franklin County over an accident that occurred in Phelps County. On application by the defendants, the court transferred the case to St. Louis County, where the railroad's registered agent is located. The Dowdys seek relief from this Court. WRIT MADE ABSOLUTE AS MODIFIED. Court en banc holds: For the reasons stated in SC84372, also handed down today, Burlington Northern is a resident of St. Louis city under section 508.010(2), and venue is proper in the city. Citation: Opinion Author: Stephen N. Limbaugh, Jr., Chief Justice Opinion Vote: WRIT MADE ABSOLUTE AS MODIFIED. Wolff, Benton, Stith, Price and Teitelman, JJ., concur. White, J., not participating. Opinion: This is a companion case to State ex rel. Kertz v. Neill, ___ S.W.3d ___ (Mo. banc 2002) (No. SC84372), decided

this day. The question presented is the same: whether Burlington Northern and Santa Fe Railway Company (BSNF) -- one of two defendants in an underlying wrongful death case -- is a resident of St. Louis City under section 508.010(2), the statute on which venue is based. The codefendant is a resident of Franklin County and the action accrued in Phelps County. On application by defendants, respondent ordered the case transferred from St. Louis City, where it was originally filed, to St. Louis County, where BSNF's registered agent is located. For the reasons stated in State ex rel. Kertz v. Neill, this Court holds that BSNF is a resident of St. Louis City under section 508.010(2) and that the case was properly filed in the City. Accordingly, Respondent Wallace, presiding judge of the Circuit Court of St. Louis County, is ordered to transfer the case to the City of St. Louis, and Respondent Neill is ordered to vacate her order transferring the case to St. Louis County and to reinstate the case in St. Louis City. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.