Venue in Georgia For Cases Against Motor Carrier

Per O.C.G.A. 40-1-117, “except in those cases where the Constitution requires otherwise, any action against any resident or nonresident motor carrier for damages by reason of any breach of duty . . . may be brought in the county where the cause of action or some part thereof arose.”

Georgia Court Applies Motor Carrier Venue Statute to Furniture Delivery Company

On November 5, 2026, the State Court of Fulton County denied a motion to transfer venue in a personal injury action involving a commercial furniture delivery truck. In Farley v. Brooks, Civil Action No. 26EV003544, the defendants argued that the case should be transferred because they resided or maintained their principal place of business outside Fulton County.

Patrick Cruise of The Hamilton Firm opposed the motion, presenting evidence that the furniture retailer operated a compensated delivery business, including a separately itemized delivery and setup charge.

The trial court determined that the furniture store qualified as a motor carrier under O.C.G.A. § 40-1-100(12)(A). Because the collision occurred in Fulton County, the court concluded that venue was proper under O.C.G.A. § 40-1-117(b).

The decision illustrates that Georgia’s motor carrier venue statute is not necessarily limited to companies whose primary business is trucking. Retailers engaged in compensated transportation may also fall within the statute.

For a more detailed discussion of the evidence and legal arguments, see our article, When Is a Furniture Store a Motor Carrier? Georgia Court Denies Motion to Transfer Venue.

If you have been in injured in a trucking wreck in Georgia, contact The Hamilton Firm for a free consultation. Patrick Cruise is a Board Certified Trucking Lawyer, licensed in Tennessee, Georgia, and Louisiana.