Preview
Electronically Filed
3/23/2018 10:32 PM
Hidalgo County District Clerks
Reviewed By: Jonathan Coronado
CAUSE NO. C-0973-13-A
JUANA LAGUNA, INDIVIDUALLY, AND § IN THE DISTRICT COURT
AS NEXT FRIEND OF REGINO §
GONZALEZ, JR., A MINOR CHILD, AND §
REGINO GONZALEZ, SR. §
§
VS. §
§ 92ND JUDICIAL DISTRICT
RAY R. FULP, III, DO, RAY FULP §
ORTHOPEDICS, PA, MARIA T. §
CAMACHO, MD, FRANCISCO TORRES, §
MD, ROBERT C. FOUNTILA, DO, §
RADIOLOGY & IMAGING OF SOUTH §
TEXAS, LLP, AND McALLEN HOSPITALS,§
LP d/b/a McALLEN MEDICAL CENTER § HIDALGO COUNTY, TEXAS
DEFENDANTS RAYMOND R. FULP, III, DO’S AND RAY FULP ORTHOPEDICS, PA’S
MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW RAYMOND R. FULP, III, DO and RAY FULP ORTHOPEDICS, PA, two
Defendants in the above-entitled and numbered cause, and files this his Motion for Leave
to Designate Responsible Third Parties, pursuant to Section 33.004 of the Texas Civil
Practice & Remedies Code, and for such motion would respectfully show unto the Court
the following:
I.
BRIEF BACKGROUND
Plaintiffs Juana laguna, Individually, and as Next Friend of Regino Gonzalez, Jr., a
Minor Child, and Regino Gonzalez, Sr., have sued Defendants Raymond R. Fulp, III, DO
and Ray Fulp Orthopedics, PA, among others, alleging that Dr. Fulp and Ray Fulp
Orthopedics, PA were negligent in the care and treatment of Regino Gonzalez, Jr., when
Regino Gonzalez, Jr. sought medical treatment from Dr. Fulp and Ray Fulp Orthopedics,
Electronically Filed
3/23/2018 10:32 PM
Hidalgo County District Clerks
Reviewed By: Jonathan Coronado
PA. Dr. Fulp and Ray Fulp Orthopedics, PA ’s negligent care was a proximate cause of
the pain and suffering, injuries of Regino Gonzalez, Jr.
While strenuously denying that the care provided to Plaintiff Regino Gonzalez, Jr.,
was, or could even be considered to be, below the standard of care, Defendants would
show unto the Judge and jury in this cause that Maria T. Camacho, M.D., Francisco Torres,
M.D., as well as Nino C. Rainusso, M.D., Regino Gonzalez, Jr.’s treating physician at MD
Anderson, should be designated as responsible third parties. Accordingly, any complaints
Plaintiffs have against Defendants Raymond R. Fulp, III, DO and Ray Fulp Orthopedics,
PA should, instead, have been made against Maria T. Camacho, MD., Francisco Torres,
M.D. and Nino C. Rainusso, M.D. Defendants Raymond R. Fulp, III, DO and Ray Fulp
Orthopedics, PA hereby move that the Court allow these Defendant to designate Maria T.
Camacho, M.D., Francisco Torres, M.D. and Nino C. Rainusso, M.D. as responsible third
parties.
II.
RESPONSIBLE THIRD PARTIES
Based upon Plaintiffs’ preliminary expert reports and the deposition testimony of
Plaintiffs’ experts, which indicate that Maria T. Camacho, MD. and Francisco Torres, M.D.
were negligent and that such negligence was a proximate cause of Plaintiffs’ injuries and
damages, as well as the failure of Nino C. Rainusso, M.D. to detect an ongoing cancer in
Regino Gonzalez, Jr., such prior Defendants and Nino C. Rainusso, M.D. should be
designated as responsible third parties. Defendants Raymond R. Fulp, III, DO and Ray
Fulp Orthopedics, PA hereby move the Court to allow these Defendants to designate
DEFENDANTS RAYMOND R. FULP, III, D.O.’S AND RAY FULP ORTHOPEDICS, P.A.’S
MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES - - PAGE 2 OF 3
Electronically Filed
3/23/2018 10:32 PM
Hidalgo County District Clerks
Reviewed By: Jonathan Coronado
Maria T. Camacho, MD., Francisco Torres, M.D. and Nino C. Rainusso, M.D. as
responsible third parties.
WHEREFORE, PREMISES CONSIDERED, Defendants RAYMOND R. FULP, III,
DO and RAY FULP ORTHOPEDICS, PA pray that the Court grant their Motion for Leave
to Designate Responsible Third Parties, and grant these Defendants the relief requested
hereinabove and such other and further relief, at law or in equity, to which they may show
themselves justly entitled to receive.
Respectfully submitted,
HOLE & ALVAREZ, L.L.P.
P. O. Box 720547
McAllen, Texas 78504-0547
Telephone: (956) 631-2891
Telecopier: (956) 631-2415
By: /s/ Ronald G. Hole
Ronald G. Hole
State Bar No. 09834200
ATTORNEYS FOR DEFENDANTS
RAYMOND R. FULP, III, DO and
RAY FULP ORTHOPEDICS, PA
CERTIFICATE OF SERVICE
I, Ronald G. Hole, hereby certify that a true and correct copy of the above Motion
for Leave to Designate Responsible Third Parties has, on this the 23rd day of March 2018,
been served via electronic transfer through an online filing service, to the following
counsel of record:
Attorneys for Defendant
Attorneys for Plaintiffs Robert C. Fountila, DO
Mr. Jerry D. Patchen Mr. William Gault
Attorney at Law Gault, Nye & Quintana, L.L.P.
1400 Congress P.O. Box 5959
Houston, Texas 77002 Brownsville, Texas 78523
Email: jpatchen@1400congress.com E-Mail: bgault@GNQlawyers.com
/s/ Ronald G. Hole
Ronald G. Hole B C C :G O N -F U L 2 \P L D
DEFENDANTS RAYMOND R. FULP, III, D.O.’S AND RAY FULP ORTHOPEDICS, P.A.’S
MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES - - PAGE 3 OF 3