Federal Express v. The American Bicycle Group, LLC - Concurring

IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
December 5, 2007 Session

FEDERAL EXPRESS v. THE AMERICAN BICYCLE GROUP, LLC

Appeal from the Chancery Court for Knox County
No. 167644-3 Michael W. Moyers, Chancellor

No. E2007-01483-COA-R9-CV - FILED FEBRUARY 19, 2008

CHARLES D. SUSANO , JR., J., concurring.

I concur in the majority opinion. I write separately to express my personal belief that the
General Assembly should consider whether the result in this case – litigation in a county totally
unrelated to the subject matter of the litigation and essentially unrelated to the defendant – indicates
that the public policy, as expressed in the applicable statutory provisions, should be changed to avoid
such a result. It occurs to me that the better policy is to exclude from the list of permissible venues
in transitory actions, a county whose only connection to (1) the subject matter of the litigation and
(2) the defendant, is the existence in the county of a defendant’s corporate-for-general hire registered
agent for service of process, i.e., CT Corporation or similar entities.

_______________________________
CHARLES D. SUSANO, JR., JUDGE