Patsy Freeman, Individually and as Administratrix of the Estate of John R. Freeman, Deceased v. CSX Transportation, Inc., a Florida Corporation, et al. - Dissenting

I must respectfully dissent from the majority opinion’s conclusion that Rutherford County was an appropriate venue for this action and, consequently, that the Rutherford County court had subject matter jurisdiction. In particular, I disagree with the majority’s statement that “unless the plaintiff and at least one ‘material defendant’ reside in the same county and that county is where the cause of action accrued” the common county rule does not apply. Essentially, the majority holds that the venue statute does not apply, a conclusion that I believe is erroneous.