On December 23, 2019 a
Motion-Secondary
was filed
involving a dispute between
Nguyen, David,
and
Progressive County Mutual Insurance Company,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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FILED
3/12/2020 1:39 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rhonda Burks DEPUTY
CAUSE NO. DC—19-2039l
DAVID NGUYEN § IN THE DISTRICT COURT OF
§
VS. § 134m JUDICIAL DISTRICT
§
PROGRESSIVE COUNTY MUTUAL §
INSURANCE COMPANY § DALLAS COUNTY, TEXAS
PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION T0 TRANSFER VENUE.
NOW COMES DAVID NGUYEN (“Plaintiff’) and files this response to Defendant’s
Motion to Transfer Venue and shows the following in support:
1. The case should not be transferred to Ellis County.
2. The Plaintiff resides in Dallas County.
The contract between Plaintiff and Defendant upon which the basis 0f this lawsuit is
formed, being the insurafice policy, was entered into and performable in Dallas County.
The venue statute that controls the venue for this lawsuit is permissive. The law allows
the lawsuit to be brought either: (1) in the county where the policyholder resided in at the
time of the accident with an uhderinsured or uninsured motorist; 0r (2) where the accident
occurred. Texas Ins. Code §1952.1 10. Likewise, §15.032 of the Texas Insurance Code
allows for the same venue selection.
In this case, it is undisputed that the accident occurred in Ellis County.
In this case, Plaintiff resided in Dallas County at the time of the accident.
In this case, Plaintiff resided in Dallas County at the time the insurance policy in
controversy was issued.
The evidence of the contract will be gathered in Dallas County and in Ellis County.
Neither party resides or maintains its corporate offices in Ellis County.
10. §15.002(b) 0f the Texas Civil Practices and Remedies Code is not applicable because
having the lawsuit in Dallas County will not inconvenience the parties or witnesses
because: (1) Plaintiff’s attorney is in Tarrant County; (2) Defendant’s attorney is in
Dallas County; (3) Plaintiff is in Dallas County; (4) Plaintiff’s Medical Witnesses are in
Dallas 0r Tarrant Counties; (5) Defendant’s Corporate Representative is NOT 0r has
NOT been shown t0 be in Ellis County; and (6) Other witnesses can be proven up by
‘
affidavit.
11. Plaintiff chose t0 file this lawsuit in Dallas County in acéordance with §1952.1 10 0f the
Texas Insurance Code.
12. Therefore, Defendant will not be served by any form 0f injustice by the lawsuit being
maintained in Dallas County.
WHEREFORE PREMESIS CONSIDRED, Plaintiff prays the Court deny Defendant’s
Motion t0 Transfer venue.
Respectfully submitted,
/s/ Anthony Green
Anthony Green
SBOT 24043702
David S. Kohm & Associates
1414 W. Randoll Mill Rd.
Arlington, TX 76012
(817) 226-8100
(817) 861-8900 fax
anthonyg@att0rneyk0hm .com
ATTORNEY FOR PLAINTIFF
Certificate 0f Service:
On March 12, 2020, a copy of this response was served on the following pursuant to
Texas Rule of Civil Procedure 21a.
/s/ Anthony Green
Anthony Green
WALTERS, BALIDO & CRAIN, L.L.P.
RANDALL WALTERS
MEADOW PARK TOWER, STE. 1500
10440 NORTH CENTRAL EXPRESSWAY
DALLAS,TX 75231
WALTERSEDOCSNOTIFICATIONS@WB CLAWFIRMCOM
Document Filed Date
March 12, 2020
Case Filing Date
December 23, 2019
Category
MOTOR VEHICLE ACCIDENT
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FILED 3/12/2020 1:39 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rhonda Burks DEPUTY CAUSE NO. DC—19-2039l DAVID NGUYEN § IN THE DISTRICT COURT OF § VS. § 134m JUDICIAL DISTRICT § PROGRESSIVE COUNTY MUTUAL § INSURANCE COMPANY § DALLAS COUNTY, TEXAS PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION T0 TRANSFER VENUE. NOW COMES DAVID NGUYEN (“Plaintiff’) and files this response to Defendant’s Motion to Transfer Venue and shows the following in support: 1. The case should not be transferred to Ellis County. 2. The Plaintiff resides in Dallas County. The contract between Plaintiff and Defendant upon which the basis 0f this lawsuit is formed, being the insurafice policy, was entered into and performable in Dallas County. The venue statute that controls the venue for this lawsuit is permissive. The law allows the lawsuit to be brought either: (1) in the county where the policyholder resided in at the time of the accident with an uhderinsured or uninsured motorist; 0r (2) where the accident occurred. Texas Ins. Code §1952.1 10. Likewise, §15.032 of the Texas Insurance Code allows for the same venue selection. In this case, it is undisputed that the accident occurred in Ellis County. In this case, Plaintiff resided in Dallas County at the time of the accident. In this case, Plaintiff resided in Dallas County at the time the insurance policy in controversy was issued. The evidence of the contract will be gathered in Dallas County and in Ellis County. Neither party resides or maintains its corporate offices in Ellis County. 10. §15.002(b) 0f the Texas Civil Practices and Remedies Code is not applicable because having the lawsuit in Dallas County will not inconvenience the parties or witnesses because: (1) Plaintiff’s attorney is in Tarrant County; (2) Defendant’s attorney is in Dallas County; (3) Plaintiff is in Dallas County; (4) Plaintiff’s Medical Witnesses are in Dallas 0r Tarrant Counties; (5) Defendant’s Corporate Representative is NOT 0r has NOT been shown t0 be in Ellis County; and (6) Other witnesses can be proven up by ‘ affidavit. 11. Plaintiff chose t0 file this lawsuit in Dallas County in acéordance with §1952.1 10 0f the Texas Insurance Code. 12. Therefore, Defendant will not be served by any form 0f injustice by the lawsuit being maintained in Dallas County. WHEREFORE PREMESIS CONSIDRED, Plaintiff prays the Court deny Defendant’s Motion t0 Transfer venue. Respectfully submitted, /s/ Anthony Green Anthony Green SBOT 24043702 David S. Kohm & Associates 1414 W. Randoll Mill Rd. Arlington, TX 76012 (817) 226-8100 (817) 861-8900 fax anthonyg@att0rneyk0hm .com ATTORNEY FOR PLAINTIFF Certificate 0f Service: On March 12, 2020, a copy of this response was served on the following pursuant to Texas Rule of Civil Procedure 21a. /s/ Anthony Green Anthony Green WALTERS, BALIDO & CRAIN, L.L.P. RANDALL WALTERS MEADOW PARK TOWER, STE. 1500 10440 NORTH CENTRAL EXPRESSWAY DALLAS,TX 75231 WALTERSEDOCSNOTIFICATIONS@WB CLAWFIRMCOM