On January 06, 2020 a
DEFENDANTS-ORIGINAL ANSWER-BENJAMIN BRASHEAR M.D. & BRASHEAR FAMILY MEDICAL P.A. - SPECIAL EXCEPTIONS
was filed
involving a dispute between
Wickersham, Amy,
Wickersham, Perry,
and
Anguiano Rd Ld, Nichole,
Brashear, Benjamin, Md,
Brashear Family Medical, P.A.,
Chaudhry, Usman, Md,
Del Toro, Gustavo N., Do,
Dr. Garry Guce & Associates, Pllc,
Fabro Jr, Delano Soriano, Do,
Guce, Garry, Md,
Guttuso, Paul A., Md,
Health Texas Provider,
Health Texas Provider Network,
Parish, Stephen Royce, Md,
Rockwall Regional Hospital Llc,
Scheurich, Daniel, Md,
Schoen Rd Ld, Mary,
Sound Inpatient Physicians Inc,,
Sunflower Park Healthcare,
Texas Health Physicians Group,
Texas Health Presbyterian Kaufman,
Tijerina, Erik,
Wellmed Medical Group, P.A.,
Wright, Christina D,
for MEDICAL MALPRACTICE
in the District Court of Dallas County.
Preview
FILED
2/7/2020 3:23 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rhonda Burks DEPUTY
CAUSE NO. DC-20-00255
AMY WICKERSHAM AND PERRY IN THE DISTRICT COURT
WICKERSHAM
Plaintiffs
v.
0F DALLAS COUNTY, TEXAS
BENJAMIN BRASHEAR, M.D., GARRY
GUCE, MD, DANIEL SCHEURICH, MD,
GUSTAVO N. DEL TORO, DO, PAUL A.
GUTTUSO, MD, CHRISTINA D.
WRIGHT, RD, BRASHEAR FAMILY
MEDICAL, P.A., WELLMED MEDICAL WWWWWWWWWWWWDWWWWWWWWWW
GROUP, RA. D/B/A WELLMED AT
KAUFMAN, SOUND INPATIENT
PHYSICIANS, INC, DR. GARRY GUCE
& ASSOCIATES, PLLC, TEXAS
HEALTH PHYSICIANS GROUP,
LUMINCARE PHYSICIAN GROUP,
P.A., ARAMARK HEALTHCARE
SUPPORT SERVICES, LLC AND TEXAS
HEALTH PRESBYTERIAN KAUFMAN
Defendants B-44T" JUDICIAL DISTRICT COURT
DEFENDANTS BENJAMIN BRASHEAR, M.D. AND BRASHEAR FAMILY
MEDICAL, P.A.’S MOTION T0 TRANSFER VENUE, SPECIAL EXCEPTIONS AND
ORIGINAL ANSWER TO PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Benjamin Brashear, MD. and Brashear Family Medical, P.A., (hereinafter
referred t0 as “‘Defendants”), two ofthe Defendants in the above-entitled and numbered cause, and
make and file this their Motion to Transfer Venue, Special Exceptions and Original Answer t0
Plaintiffs” First Amended Original Petition, and in support thereof would respectfully show the-
Court as follows:
DEFENDANTS BENJAMIN BRASH EAR, Ml). AND BRASHEAR FAMILY MEDICAL, P.A."S
MOTION TO TRANSFER VENUE, SPECIAL EXCEPTIONS AND ORIGINAL ANSWER T0
m Page
PLAINTIFFS‘ FIRST AMENDED ORIGINAL PETITION i
MOTION TO TRANSFER VENUE
BACKGROUND
This is a medical malpractice case wherein Plaintiffs allege that Defendants were negligent
in the care and treatment ofAmy Wickersham. This suit contains allegations that Defendants were
negligent in the provisien 0f medical care t0 Amy Wickersham. Contrary t0 Plaintiffs” pleadings,
a substantial part if not all 0f the care and treatment at issue in this case occurred in Kaufman
County, Texas. Also, Defendants’ principal office is located in Kaufman County, Texas.
Therefore, venue is proper in Kaufman County, Texas.
II.
VENUE IS PROPER IN KAUFMAN COUNTY
Pursuant t0 Rule 86 of the Texas Rules of Civil Procedure, Defendants file their Motion t0
Transfer Venue alleging that venue of this matter more properly lies in Kaufman County.
Defendants urge the Court t0 transfer venue under Section 15.0002 0fthe Texas Civil Practice and
Remedies Code. A substantial part 0f the care and treatment a: issue if not all 0f the care at issue
in this case occurred in Kaufman County, Texas. The majority, if not all 0f the important fact
witnesses involved in Plaintiff‘s care and treatment are believed t0 be residents 0f Kaufman
County, Texas. Also, Defendants” principal office is located in Kaufman County, Texas. Section
15.002 0f the Texas Civil Practice and Remedies Code provides:
(a) Except as otherwise provided by the subchapter 0r subchapter (b) 01‘
(c), all
lawsuits Shall be brought:
i. In the county in which all or a substantial part 0f the events or
omissions giving rise t0 the claim occurred;
AND BRASHEAR FAMILY MEDICAL, P.A.‘S
DEFENDAN’I‘S BENJAMIN BRASl-lEAR, MI).
MOTION TO TRANSFER VENUE, S?ECIAL EXCEPTIONS AND ORIGINAL ANSWER TO
- Pagc
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION 2
11.
ii. In
In the
the county
county of
0f defendant's
defendant‘s residence
residence atat the
the time the
the cause
cause of
action
action accrued
accrued if
if defendant
defendant is
is a
a natural
natura} person;
person;
m.
iii. In
In the
the county
county of the defendant's
Ofthc defendant‘s principal
principal office
office in
in this
this state,
state. if the
ifthe
defendant
defendant is
is not
not a
a natural
natural person;
person; or
0r
1v.
iv. If subdivisions (I),
Ifsubdivisions (1 ). (2),
(2). or
or (3)
(3) do
do not
not apply,
apply. in
in the
the county
county in
in which
the
the plaintiff
plaintiff resided
resided atat the
the time
time of the accrual
offhe accrual of the cause
ofthe cause of
0f
action.
action.
TEX.CIV.PRAC.REM.CODE,
TEX.C:V.PRAC.REM.CODE. §
§ 15.002
15.002 (1995).
(1995).
Venue is
is proper
proper in
in Kaufman County
County for
for the
the following
following reasons:
reasons:
I.
1. A substantial part of
substantial pan 0f the
the care
care and treatment
treatment at
at issue
issue in
in this
this case
case occurred
occurred in
in Kaufman
County,
County. Texas.
Texas.
2.
SQ The majority,
majority, if not all
ifnot all of the important
ot‘the important fact
fact witnesses
witnesses involved
involved in
in Plaintiff's
Plaintiff‘s care
care and
and
treatment
treatment are
are believed
believed tot0 be
be residents
residents of Kaufman County,
ofKaufman County, Texas.
Texas.
3.
3. The vast
vast majority
majority of the Defendants
Ofthe Defendants reside
reside or
0r have their
their principal place of
principal place 0f business
business in
in
Kaufman County,
County, Texas.
Texas.
Clearly,
Clearly, this
this is
is a
a case
case where venue is
is appropriate
appropriate in
in Kaufman County,
County. Texas.
Texas. Defendants
Defendants
deny
deny any
any and
and all
all facts
facts set
set forth
forth in
in Plaintiffs'
Piaintiffs‘ First
First Amended Original
Origina! Petition
Petition which may be
be taken
taken
as
as venue
venue facts.
facts. Venue is
is proper
proper in
in Kaufman County
County as
as Defendants'
Defendants” principal
principal place
place of business is
Ofbusiness is
located
located in
in Kaufman County,
County. Texas
Texas and
and was so
so at
at the
the time
time the
the action
action occurred.
occurred. The majority,
majority, if
if
not
n01 all,
all, of the important
Ofthe important fact
fact witnesses
witnesses involved
involved in
in Plaintiffs
Plaintiff‘s care
care and treatment
treatment are
are believed
believed to
10 be
be
residents
residents of
0f Kaufman County,
County. Texas.
Texas. Additionally,
Additionally; a
a substantial part of
substantial pan 0f the
the care
care and treatment
treatment at
a1
issue
issue in
in this
this case
case occurred
occurred in
in Kaufman County.
County. As such,
such, venue properly
properly rests
rests in
in Kaufman County.
County.
In
1n the
the alternative,
altel‘nativa pursuant
pursuant to§
t0 § 15.002(b)
15.002(b) of the TEX. Clv.
0fthe CIV. PRAC. & REM. CODE, this
this case
case
should
should be
be transferred
transferred out
out of Dallas County,
ofDallas County. Texas to
t0 Kaufman County,
County, Texas,
Texas~ a
a proper
proper county
county for
for
venue
venue for
for the
the convenience
convenience of
0f the
the parties
parties and
and in
in the
the interest
interest of justice.
justice. Transfer of
0f this
this case
case to
10
Kaufman
Kaufman County
County is
is appropriate
appropriate pursuant
pursuant to
t0 Section
Section 15.002(b)
15.002(b) of
0f the
the Texas
’l‘exas Civil
Civii Practice
Practice &
Remedies
Remedies Code,
Code. which reads
reads as
as follows:
follows:
DEFENDANTS nmme
DEFENDAN'I‘S BENJAMIN BRASHEAR,
MOTION TO
BRASHEAR. M.D.
”1‘0 TRANSFER VENt:E,
BRASHMR FAMILY
m). AND BRASHEAR I-‘AMILV MEDICAL, mxs
mimmL. P.A.'S
\“ENITE. SPECIAL EXCEPTIONS AND ORIGINAL ANSWER TOT0
PLAINTIFFS'
PLAIN'I‘IFFS‘ FIRST AMENDED ORIGINAL PETITION -~ Page 3
(b)
(b) For
For the
the convenience
convenience of 0f the
the parties
parties and witnesses
Witnesses and
and in
in the
the interest
interest of
0f
justice, aa court
justice, court may
may transfer
transfer an
an action
action from aa county
county of proper venue under
ofproper under
this
this subchapter
subchapter or 0r Subchapter
Subchapter C to t0 any
any other
other county
county of
0f proper
proper venue
venue on0n
motion of a defendant filed
motion ofa defendant filed and and served
served concurrently
concurrently with
with or
01' before
before the
the filing
filing
of
of the
the answer,
answer. where
where the
the court
court finds:
finds:
(1) Maintenance
(I) Maintenance of
0f the
the action
action in
in the
the county
county of
0f suit
suit would work an
an
injustice
injustice to
to the
the movant considering
considering the
the movant's
movant‘s economic and
personal
personal hardship;
hardship;
(2)
(2) The
The balance
baiance of
0f interests
interests of
0f all
all the
the parties
parties predominates
predominates in
in favor
favor of the
0f1he
action
action being
being brought
brought in
in the
the other
other county;
county; and
(3)
(3) The
The transfer
transfer of
0f the
the action
action would not
not work an
an injustice
injustice to
10 any
any other
other
party.
party.
Kaufman County
County is
is the
the logical
logical place
place for
for venue based
based upon the
the above factors
factors when looking
looking
at
at the
the convenience
convenience of
0f the
the parties.
panics. The
The care
care involved
involved is
is wholly
wholly related
related to
t0 Kaufman County
County and
and
occurred
occurred in
in Kaufman County, Texas. It
County, Texas. It would
would inherently
inherently increase
increase inconvenience
inconvenience if
if this
this case
case were
to
t0 be
be heard
heard in
in Dallas
Dallas County,
County. as
as the
the majority
majority of the Defendants
0fthe Defendants reside
reside in
in Kaufman County.
County. Further,
Funhen
Plaintiffs
Plaintiffs themselves
themselves reside
reside in
in Kaufman County.
County. In
In addition,
addition. Kaufman County
County would be
be the
the
county
county with
with the
the greatest
greatest interest
interest in
in the
the outcome
outcome of
0f this
this case,
case, and with
with the
the greatest
greatest interest
interest in
in
adjudicating
adjudicating a
a claim
claim for
for health
health care
care liability
liability arising
arising within
within its jurisdiction, and involving
itsjurisdiction. involving providers
providers
who provide
provide care
care to
t0 its
its residents.
residents. The
The issues
issues presented
presented to
10 the jury are
the jury are exclusively
exclusively those
those that
that
concern
concern Kaufman
Kaufman County,
County, not
not Dallas
Dallas County.
County. Therefore,
Therefore, the
the most appropriate
appropriate venue for
for this
this case
case
is
is Kaufman County.
County.
These
These Defendants
Defendants object
object to
t0 venue
venue in
in Dallas
Dallas County,
County. Texas and request
request that
that the
the Court
transfer
transfer venue
venue from
from Dallas
Dallas County
County to
t0 Kaufman County,
County. which is
is a proper county
a proper county for
for venue. The
care
care and
and treatment
treatment giving
giving rise
rise and
and the
the alleged
aileged causes
causes of
0f action
action accrued,
accrued, if
if at
at all,
all, in
in Kaufman
County,
County. Texas
Texas and
and the
the majority
majority of the Defendants
otfithe Defendants maintained,
maintained, at
at all
all times
limes material
material to
t0 this
this suit,
suit.
their
their residence
residence and/or
and/or principal
principal place
place of business in
ofbusiness in Kaufman County,
County, Texas.
Texas.
DEFENDANTS BEN.JAMIN
BENJAMIN BRASHEAR,
BRASHEAR. M.D.
MJ). AND BRASHEAR
BRASIIEAR FA~IILY M EDICAIN P.A.'S
FAMILY MEDICAL, FANS
MOTION TOT0 TRANSFER VENUE, ANSWER TO
\‘ENI XE, SPECIAL EXCEPTIONS AND ORIGINAL ANSWER
PLAl1'TIFFS' AMENDED ORIGl1'AL
PLAINTIFFS‘ FIRST AMEI\DED ORIGINAL PETITION -m Page 44
Notwithstanding
Notwithstanding Plaintiffs'
Plaintil‘fs‘ reliance
reliance on
0n this
this general
genera] venue provision
provision to
t0 establish
establish proper
venue
venue for
for this
this case
case in
in Dallas
Dalias County,
County, Defendants move that
that this
this matter
matter be transferred
transferred to
10 Kaufman
County
County for
for the
the convenience
convenience of
0f the
the parties
parties and
and witnesses,
witnesses. the
the vast
vast majority
majority of
0f whom reside
reside in
in
Kaufman County.
County. Kaufman County
County is
is a
a proper
proper county
county of t0 §
0f venue according to § l15.002(a)(1)
5.002(a)(l) TEX.
CIV.
CW. PRAC. & REM.
REM. CODE which
which states
states that
that a
a lawsuit
lawsuit shall be brought
shall be brought in
in the
the county
county in
in which all
ali or
0r
aa substantial
substantial part
pan of
0f the
the events
events or
01‘ omissions
omissions giving
giving rise
rise to
to the
the claim occurred.
occurred.
1.
l. Maintenance
Maintenance of the action
0fthe action in
in Dallas
Dallas County would work an injustice
injustice to
t0 Defendants
considering
considering their
their economic and personal
personal hardship
Defendants
Defendants contend
contend that
that if this case
ifthis case is
is maintained
maintained in
in Dallas
Dallas County,
County, Texas,
Texas. Defendants will
will
suffer
suffer an
an economic and
and personal
personal hardship.
hardship. All
All or
0r a
a substantial
substantial part
part of the alleged
Ofthe alleged events made the
the
basis
basis of this suit
Ofthis suit occurred,
occurred. ifat
ifat all,
all, in
in Kaufman County,
County, Texas.
Texas. Additionally,
Additionally the
the subject
subject hospital
hospital
and
and nursing
nursing home
homs along
along with
with the
the pertinent
pertinent records
records are
are located
located in
in Kaufman County,
County, Texas.
Likewise,
Likewise. the
the majority
majority of
0f the
the Defendants
Defendants in
in this
this case
case reside
reside and principally
principally practice
practice in
in Kaufman
County,
County, Texas.
Texas. If the Court
Ifthe Court does
does not
not transfer
transfer this
this case
case from Dallas
Dalias County to
t0 Kaufman County,
County,
the
the Defendants
Defendants would
would have
have to
t0 travel
travel to
t0 a
a Dallas
Dallas County
County court
court which is
is located
located a
a substantial
substantial
distance
distance away
away from
from their
their homes and
and practices
practices ((especially
especially taking
taking into
into account
account the
the drive
drive time
time with
with
traffic).
traffic). The
The time
time away
away from
from the
the medical
medical practices
practices of the Defendants
Ofthe Defendants would result
result in
in an economic
loss
loss for
for Defendants
Defendants and
and create
create a
a personal
persona] hardship
hardship for
for such Defendants and their
their patients.
patients.
Therefore,
Therefore, Defendants
Defendants request
request that
that the
the Court consider
consider the
the economic and personal hardship, and
the
the injustice
injustice that
that Defendants
Defendants would
would likely
Preview
FILED 2/7/2020 3:23 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rhonda Burks DEPUTY CAUSE NO. DC-20-00255 AMY WICKERSHAM AND PERRY IN THE DISTRICT COURT WICKERSHAM Plaintiffs v. 0F DALLAS COUNTY, TEXAS BENJAMIN BRASHEAR, M.D., GARRY GUCE, MD, DANIEL SCHEURICH, MD, GUSTAVO N. DEL TORO, DO, PAUL A. GUTTUSO, MD, CHRISTINA D. WRIGHT, RD, BRASHEAR FAMILY MEDICAL, P.A., WELLMED MEDICAL WWWWWWWWWWWWDWWWWWWWWWW GROUP, RA. D/B/A WELLMED AT KAUFMAN, SOUND INPATIENT PHYSICIANS, INC, DR. GARRY GUCE & ASSOCIATES, PLLC, TEXAS HEALTH PHYSICIANS GROUP, LUMINCARE PHYSICIAN GROUP, P.A., ARAMARK HEALTHCARE SUPPORT SERVICES, LLC AND TEXAS HEALTH PRESBYTERIAN KAUFMAN Defendants B-44T" JUDICIAL DISTRICT COURT DEFENDANTS BENJAMIN BRASHEAR, M.D. AND BRASHEAR FAMILY MEDICAL, P.A.’S MOTION T0 TRANSFER VENUE, SPECIAL EXCEPTIONS AND ORIGINAL ANSWER TO PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Benjamin Brashear, MD. and Brashear Family Medical, P.A., (hereinafter referred t0 as “‘Defendants”), two ofthe Defendants in the above-entitled and numbered cause, and make and file this their Motion to Transfer Venue, Special Exceptions and Original Answer t0 Plaintiffs” First Amended Original Petition, and in support thereof would respectfully show the- Court as follows: DEFENDANTS BENJAMIN BRASH EAR, Ml). AND BRASHEAR FAMILY MEDICAL, P.A."S MOTION TO TRANSFER VENUE, SPECIAL EXCEPTIONS AND ORIGINAL ANSWER T0 m Page PLAINTIFFS‘ FIRST AMENDED ORIGINAL PETITION i MOTION TO TRANSFER VENUE BACKGROUND This is a medical malpractice case wherein Plaintiffs allege that Defendants were negligent in the care and treatment ofAmy Wickersham. This suit contains allegations that Defendants were negligent in the provisien 0f medical care t0 Amy Wickersham. Contrary t0 Plaintiffs” pleadings, a substantial part if not all 0f the care and treatment at issue in this case occurred in Kaufman County, Texas. Also, Defendants’ principal office is located in Kaufman County, Texas. Therefore, venue is proper in Kaufman County, Texas. II. VENUE IS PROPER IN KAUFMAN COUNTY Pursuant t0 Rule 86 of the Texas Rules of Civil Procedure, Defendants file their Motion t0 Transfer Venue alleging that venue of this matter more properly lies in Kaufman County. Defendants urge the Court t0 transfer venue under Section 15.0002 0fthe Texas Civil Practice and Remedies Code. A substantial part 0f the care and treatment a: issue if not all 0f the care at issue in this case occurred in Kaufman County, Texas. The majority, if not all 0f the important fact witnesses involved in Plaintiff‘s care and treatment are believed t0 be residents 0f Kaufman County, Texas. Also, Defendants” principal office is located in Kaufman County, Texas. Section 15.002 0f the Texas Civil Practice and Remedies Code provides: (a) Except as otherwise provided by the subchapter 0r subchapter (b) 01‘ (c), all lawsuits Shall be brought: i. In the county in which all or a substantial part 0f the events or omissions giving rise t0 the claim occurred; AND BRASHEAR FAMILY MEDICAL, P.A.‘S DEFENDAN’I‘S BENJAMIN BRASl-lEAR, MI). MOTION TO TRANSFER VENUE, S?ECIAL EXCEPTIONS AND ORIGINAL ANSWER TO - Pagc PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION 2 11. ii. In In the the county county of 0f defendant's defendant‘s residence residence atat the the time the the cause cause of action action accrued accrued if if defendant defendant is is a a natural natura} person; person; m. iii. In In the the county county of the defendant's Ofthc defendant‘s principal principal office office in in this this state, state. if the ifthe defendant defendant is is not not a a natural natural person; person; or 0r 1v. iv. If subdivisions (I), Ifsubdivisions (1 ). (2), (2). or or (3) (3) do do not not apply, apply. in in the the county county in in which the the plaintiff plaintiff resided resided atat the the time time of the accrual offhe accrual of the cause ofthe cause of 0f action. action. TEX.CIV.PRAC.REM.CODE, TEX.C:V.PRAC.REM.CODE. § § 15.002 15.002 (1995). (1995). Venue is is proper proper in in Kaufman County County for for the the following following reasons: reasons: I. 1. A substantial part of substantial pan 0f the the care care and treatment treatment at at issue issue in in this this case case occurred occurred in in Kaufman County, County. Texas. Texas. 2. SQ The majority, majority, if not all ifnot all of the important ot‘the important fact fact witnesses witnesses involved involved in in Plaintiff's Plaintiff‘s care care and and treatment treatment are are believed believed tot0 be be residents residents of Kaufman County, ofKaufman County, Texas. Texas. 3. 3. The vast vast majority majority of the Defendants Ofthe Defendants reside reside or 0r have their their principal place of principal place 0f business business in in Kaufman County, County, Texas. Texas. Clearly, Clearly, this this is is a a case case where venue is is appropriate appropriate in in Kaufman County, County. Texas. Texas. Defendants Defendants deny deny any any and and all all facts facts set set forth forth in in Plaintiffs' Piaintiffs‘ First First Amended Original Origina! Petition Petition which may be be taken taken as as venue venue facts. facts. Venue is is proper proper in in Kaufman County County as as Defendants' Defendants” principal principal place place of business is Ofbusiness is located located in in Kaufman County, County. Texas Texas and and was so so at at the the time time the the action action occurred. occurred. The majority, majority, if if not n01 all, all, of the important Ofthe important fact fact witnesses witnesses involved involved in in Plaintiffs Plaintiff‘s care care and treatment treatment are are believed believed to 10 be be residents residents of 0f Kaufman County, County. Texas. Texas. Additionally, Additionally; a a substantial part of substantial pan 0f the the care care and treatment treatment at a1 issue issue in in this this case case occurred occurred in in Kaufman County. County. As such, such, venue properly properly rests rests in in Kaufman County. County. In 1n the the alternative, altel‘nativa pursuant pursuant to§ t0 § 15.002(b) 15.002(b) of the TEX. Clv. 0fthe CIV. PRAC. & REM. CODE, this this case case should should be be transferred transferred out out of Dallas County, ofDallas County. Texas to t0 Kaufman County, County, Texas, Texas~ a a proper proper county county for for venue venue for for the the convenience convenience of 0f the the parties parties and and in in the the interest interest of justice. justice. Transfer of 0f this this case case to 10 Kaufman Kaufman County County is is appropriate appropriate pursuant pursuant to t0 Section Section 15.002(b) 15.002(b) of 0f the the Texas ’l‘exas Civil Civii Practice Practice & Remedies Remedies Code, Code. which reads reads as as follows: follows: DEFENDANTS nmme DEFENDAN'I‘S BENJAMIN BRASHEAR, MOTION TO BRASHEAR. M.D. ”1‘0 TRANSFER VENt:E, BRASHMR FAMILY m). AND BRASHEAR I-‘AMILV MEDICAL, mxs mimmL. P.A.'S \“ENITE. SPECIAL EXCEPTIONS AND ORIGINAL ANSWER TOT0 PLAINTIFFS' PLAIN'I‘IFFS‘ FIRST AMENDED ORIGINAL PETITION -~ Page 3 (b) (b) For For the the convenience convenience of 0f the the parties parties and witnesses Witnesses and and in in the the interest interest of 0f justice, aa court justice, court may may transfer transfer an an action action from aa county county of proper venue under ofproper under this this subchapter subchapter or 0r Subchapter Subchapter C to t0 any any other other county county of 0f proper proper venue venue on0n motion of a defendant filed motion ofa defendant filed and and served served concurrently concurrently with with or 01' before before the the filing filing of of the the answer, answer. where where the the court court finds: finds: (1) Maintenance (I) Maintenance of 0f the the action action in in the the county county of 0f suit suit would work an an injustice injustice to to the the movant considering considering the the movant's movant‘s economic and personal personal hardship; hardship; (2) (2) The The balance baiance of 0f interests interests of 0f all all the the parties parties predominates predominates in in favor favor of the 0f1he action action being being brought brought in in the the other other county; county; and (3) (3) The The transfer transfer of 0f the the action action would not not work an an injustice injustice to 10 any any other other party. party. Kaufman County County is is the the logical logical place place for for venue based based upon the the above factors factors when looking looking at at the the convenience convenience of 0f the the parties. panics. The The care care involved involved is is wholly wholly related related to t0 Kaufman County County and and occurred occurred in in Kaufman County, Texas. It County, Texas. It would would inherently inherently increase increase inconvenience inconvenience if if this this case case were to t0 be be heard heard in in Dallas Dallas County, County. as as the the majority majority of the Defendants 0fthe Defendants reside reside in in Kaufman County. County. Further, Funhen Plaintiffs Plaintiffs themselves themselves reside reside in in Kaufman County. County. In In addition, addition. Kaufman County County would be be the the county county with with the the greatest greatest interest interest in in the the outcome outcome of 0f this this case, case, and with with the the greatest greatest interest interest in in adjudicating adjudicating a a claim claim for for health health care care liability liability arising arising within within its jurisdiction, and involving itsjurisdiction. involving providers providers who provide provide care care to t0 its its residents. residents. The The issues issues presented presented to 10 the jury are the jury are exclusively exclusively those those that that concern concern Kaufman Kaufman County, County, not not Dallas Dallas County. County. Therefore, Therefore, the the most appropriate appropriate venue for for this this case case is is Kaufman County. County. These These Defendants Defendants object object to t0 venue venue in in Dallas Dallas County, County. Texas and request request that that the the Court transfer transfer venue venue from from Dallas Dallas County County to t0 Kaufman County, County. which is is a proper county a proper county for for venue. The care care and and treatment treatment giving giving rise rise and and the the alleged aileged causes causes of 0f action action accrued, accrued, if if at at all, all, in in Kaufman County, County. Texas Texas and and the the majority majority of the Defendants otfithe Defendants maintained, maintained, at at all all times limes material material to t0 this this suit, suit. their their residence residence and/or and/or principal principal place place of business in ofbusiness in Kaufman County, County, Texas. Texas. DEFENDANTS BEN.JAMIN BENJAMIN BRASHEAR, BRASHEAR. M.D. MJ). AND BRASHEAR BRASIIEAR FA~IILY M EDICAIN P.A.'S FAMILY MEDICAL, FANS MOTION TOT0 TRANSFER VENUE, ANSWER TO \‘ENI XE, SPECIAL EXCEPTIONS AND ORIGINAL ANSWER PLAl1'TIFFS' AMENDED ORIGl1'AL PLAINTIFFS‘ FIRST AMEI\DED ORIGINAL PETITION -m Page 44 Notwithstanding Notwithstanding Plaintiffs' Plaintil‘fs‘ reliance reliance on 0n this this general genera] venue provision provision to t0 establish establish proper venue venue for for this this case case in in Dallas Dalias County, County, Defendants move that that this this matter matter be transferred transferred to 10 Kaufman County County for for the the convenience convenience of 0f the the parties parties and and witnesses, witnesses. the the vast vast majority majority of 0f whom reside reside in in Kaufman County. County. Kaufman County County is is a a proper proper county county of t0 § 0f venue according to § l15.002(a)(1) 5.002(a)(l) TEX. CIV. CW. PRAC. & REM. REM. CODE which which states states that that a a lawsuit lawsuit shall be brought shall be brought in in the the county county in in which all ali or 0r aa substantial substantial part pan of 0f the the events events or 01‘ omissions omissions giving giving rise rise to to the the claim occurred. occurred. 1. l. Maintenance Maintenance of the action 0fthe action in in Dallas Dallas County would work an injustice injustice to t0 Defendants considering considering their their economic and personal personal hardship Defendants Defendants contend contend that that if this case ifthis case is is maintained maintained in in Dallas Dallas County, County, Texas, Texas. Defendants will will suffer suffer an an economic and and personal personal hardship. hardship. All All or 0r a a substantial substantial part part of the alleged Ofthe alleged events made the the basis basis of this suit Ofthis suit occurred, occurred. ifat ifat all, all, in in Kaufman County, County, Texas. Texas. Additionally, Additionally the the subject subject hospital hospital and and nursing nursing home homs along along with with the the pertinent pertinent records records are are located located in in Kaufman County, County, Texas. Likewise, Likewise. the the majority majority of 0f the the Defendants Defendants in in this this case case reside reside and principally principally practice practice in in Kaufman County, County, Texas. Texas. If the Court Ifthe Court does does not not transfer transfer this this case case from Dallas Dalias County to t0 Kaufman County, County, the the Defendants Defendants would would have have to t0 travel travel to t0 a a Dallas Dallas County County court court which is is located located a a substantial substantial distance distance away away from from their their homes and and practices practices ((especially especially taking taking into into account account the the drive drive time time with with traffic). traffic). The The time time away away from from the the medical medical practices practices of the Defendants Ofthe Defendants would result result in in an economic loss loss for for Defendants Defendants and and create create a a personal persona] hardship hardship for for such Defendants and their their patients. patients. Therefore, Therefore, Defendants Defendants request request that that the the Court consider consider the the economic and personal hardship, and the the injustice injustice that that Defendants Defendants would would likely