Section 3.26 Proper Venue for Particular Party Defendant

• Library: Civil Trial Practice 2015 Supp

F. (§3.26) Proper Venue for Particular Party Defendant

Missouri statutes and caselaw also establish proper venue in cases involving particular defendants:

· One individual defendant—in county of defendant’s Missouri residence, or in county of plaintiff’s residence, if defendant is served in the county. Section 508.010, RSMo 2000.

· Multiple defendants—in the county of residence of any defendant. Section 508.010.

· Corporate defendant only—in county where cause of action accrued or where defendant keeps an office or agent. Section 508.040, RSMo 2000. Residence of a registered agent does not establish venue under § 508.040, State ex rel. Pagliara v. Stussie, 549 S.W.2d 900 (Mo. App. E.D. 1977), but it should be noted that the residence of a registered agent may establish venue under § 508.010 if a corporation is sued with individuals. Missouri courts use the Restatement (Second) of Agency § 1(3) (1958) definition of agent to determine venue. State ex rel. Elson v. Koehr, 856 S.W.2d 57 (Mo. banc 1993). A travel agent is considered an agent of a defendant airline within the meaning of this definition. Id. But a franchisee is not an agent within the meaning of the venue statute. State ex rel. Domino’s Pizza, Inc. v. Dowd, 941 S.W.2d 663 (Mo. App. E.D. 1997).

· Multiple corporate defendants—State ex rel. Webb v. Satz,561 S.W.2d 113 (Mo. banc 1978), holds that the court has venue over all corporate defendants if there is venue over any one of them under the provisions of § 508.040.

· Corporate and individual defendants—the general venue statute, § 508.010, controls. State ex rel. Dick Proctor Imports, Inc. v. Gaertner, 671 S.W.2d 273 (Mo. banc 1984). Residence for a corporate defendant in this situation is deemed the county...