P&E Questions Set #2

Question 1

Janice was dining at a sidewalk cafe in downtown Bexar County, Texas, when a delivery truck
driven by Chandler, a resident of Galveston County, Texas, jumped the curb and hit her. Janice
was seriously injured – she sustained a concussion, two broken legs, and internal bleeding. At
the time of the accident, Chandler was making a delivery for his employer, Friends Delivery
Company (“Friends Delivery”), a Texas corporation with its principal place of business in Harris
County, Texas.

Janice wants to file suit against Chandler and Friends Delivery in Texas. In which courts can Janice’s suit be properly filed? Explain your answer.

Answer 1

Bexar County – county in which all or a substantial part of the events or omissions
giving rise to the claim arose (where accident occurred) Galveston County –
county of defendant’s residence (Chandler)
Harris County – county of defendant’s residence; defendant corporation resides
where its principal place of business is located (Friends Delivery)

Question 2

Assume Janice files suit in Bexar County. What pleading must Chandler and Friends
Delivery file if they want to challenge Bexar County as the location of the lawsuit, and
what is the likely result? Explain your answer.

Answer 2

They must file a motion to transfer venue, but it is unlikely to be granted. Here,
venue is proper in Bexar County because it is where a substantial part of the events
giving rise to the claim occurred. There are no indications of inconvenience or
injustice that might merit transfer.

Question 3

After a hearing on the motion to transfer the lawsuit to another county, Chandler and Friends Delivery are very disappointed that the trial court did not transfer the case to another county. Friends Delivery wants to appeal the trial court’s decision. What, if any, appellate review is available to Friends Delivery concerning the trial court’s decision? Explain your answer.

Answer 3

There is no interlocutory appellate review available. Instead, the defendants must wait until there is a final judgment.

Question 4

What is the effect, if any, of an erroneous ruling by the trial court on the issue of transferring a lawsuit to another county?

Answer 4

If there was an error made by the trial court on this matter, on appeal it will be considered reversible error.

Question 5

Chandler and Friends believe that the statute of limitations has expired. How and when must they raise this issue?

Answer 5

Because statute of limitations is an affirmative defense, it must be raised in the Answer or it is waived. The Answer must be filed before 10:00 a.m. the Monday
following the expiration of twenty days after service.

Question 6

Friends Delivery wants to obtain a copy of the medical records from healthcare providers who treated Janice for her injuries. How can Friends Delivery obtain these records? Explain your answer.

Answer 6

Because this is a personal injury suit, Friends Delivery may request all medical records and bills reasonably related to the subject of the injuries or damages.
Friends Delivery could also seek an authorization permitting disclosure of medical records and bills.