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IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
JUANA VEJAR
Plaintiff,
: CIVIL ACTION FILE
vs. : NO.: 22-C-03850-S6
HAMILTON MEDICAL CENTER, INC., :
HAMILTON HEALTH CARE SYSTEM,
INC., EMERGENCY COVERAGE :
CORPORATION, SOUTHEASTERN :
EMERGENCY PHYSICIANS, LLC, 3
JENNIFER D. STARNES, MD, and 3
JOHN/JANE DOE(S) 1-5 ;
Defendants, :
CONSENT ORDER GRANTING TRANSFER OF VENUE TO THE SUPERIOR COURT
OF WHITFIELD COUNTY, GEORGIA
Present before the Court are the Motion for Forum Non Conveniens Transfer of
Defendant Hamilton Medical Center, Inc. (“HMC”) and Defendant Hamilton Health Care
System, Inc. (“HHCS”), filed November 8, 2022, and the Motion for Forum Non Conveniens
Transfer of Defendants Jennifer D. Starnes, M.D., Emergency Coverage Corporation, and
Southeastern Emergency Physicians, LLC filed November 11, 2022; both of which Motions
requested this Court transfer venue from this Court to the Superior Court of Whitfield County,
Georgia pursuant to O.C.G.A. § 9-10-31.1. The moving Defendants have briefed the suitability
of the proposed forum, addressed each element of O.C.G.A. § 9-10-31.1, and presented evidence
that the Superior Court of Whitfield County is a more convenient forum than the present Court.
The Court further acknowledges that Plaintiff has consented to the suitability, convenience, and
transfer of this matter to the Superior Court of Whitfield County, Georgia.
The doctrine of forum non conveniens, codified in O.C.G.A. § 9-10-31.1, provides:a) Ifa court of this state, on written motion of a party, finds that in the interest of
justice and for the convenience of the parties and witnesses a claim or action would
be more properly heard in a forum outside this state or in a different county of
proper venue within this state, the court shall decline to adjudicate the matter under
the doctrine of forum non conveniens. As to a claim or action that would be more
properly heard in a forum outside this state, the court shall dismiss the claim or
action. As to a claim or action that would be more properly heard in a different
county of proper venue within this state, the venue shall be transferred to the
appropriate county. In determining whether to grant a motion to dismiss an action
or to transfer venue under the doctrine of forum non conveniens, the court shall
give consideration to the following factors:
(1) Relative ease of access to sources of proof;
(2) Availability and cost of compulsory process for attendance of unwilling
witnesses;
(3) Possibility of viewing of the premises, if viewing would be appropriate to the
action;
(4) Unnecessary expense or trouble to the defendant not necessary to the plaintiff's
own right to pursue his or her remedy;
(5) Administrative difficulties for the forum courts;
(6) Existence of local interests in deciding the case locally; and
(7) The traditional deference given to a plaintiff's choice of forum.
O.C.G.A. § 9-10-31.1
This Court must make specific findings of fact on each factor. Wang v. Liu, 292 Ga. 568,
570 (2013). Accordingly, the Court makes the following findings of fact: Plaintiff is a resident of
Dalton, Whitfield County, Georgia. Plaintiff filed suit against HMC, HHCS, Emergency
Coverage Corporation, Southeastern Emergency Physicians, LLC, and Jennifer D, Starnes (“Dr.
Starnes”), in the State Court of Gwinnett County for ordinary negligence and medical
malpractice for injuries stemming from the purported failure to appropriately diagnose and treat
an open fracture of Plaintiffs olecranon. HHCS is a Georgia corporation, with a principal office
address of 1200 Memorial Drive, Dalton, Whitfield County, Georgia. HMC is a regional acutecare hospital with its principal office located at 1200 Memorial Drive, Dalton, Whitfield County,
Georgia. Dr. Starnes is a medical doctor who resides in Calhoun, Gordon County, Georgia.
Emergency Coverage Corporation and Southeastern Emergency Physicians, LLC, are both
Tennessee corporations and both have principal office addresses located in Tennessee. Venue in
this Court is predicated on Emergency Coverage Corporation and Southeastern Emergency
Physicians, LLC having registered agents located in Gwinnett County.
Plaintiff presented to HMC’s Emergency Department the evening of August 30, 2020,
after falling off an ATV, injuring her left elbow and forearm. Plaintiff was treated by two
physicians, and three registered nurses employed by HMC. One of the two physicians was Dr.
Starnes, who was employed as an emergency medicine specialist and provided care as an
independent contractor in HMC’s Emergency Department. The second physician was a
radiologist employed by North Georgia Radiology, which is located in Dalton, Whitfield County,
Georgia. Both physicians continue to practice medicine in Whitfield County, Georgia; further,
two of the three registered nurses continue to be employed by HMC. Plaintiff had a lengthy
course of medical treatment for the injuries sustained on August 30, 2020. Plaintiff followed up
with Dale N. Reed, MD, an orthopedic surgeon employed at Associates in Orthopedics and
Sports Medicine, which is located in Dalton, Whitfield County, Georgia. In early September of
2020, Dr. Reed recommended Plaintiff be admitted to HMC for further treatment.
Plaintiff was admitted to HMC the same day where John T. Norman, MD, performed
surgery on the left elbow fracture. Dr. Norman is an orthopedic surgeon employed at Associates
in Orthopedics and Sports Medicine. During this admission, Plaintiff received medical treatment
from, or medical services provided by, nine physicians. Dr. Reed and Dr. Norman were two of
these physicians, and both continue to be employed at Associates in Orthopedics and SportsMedicine and remain on the medical staff of HMC. One of the physicians was a radiologist
employed by North Georgia Radiology, located in Whitfield County, who was a member of the
medical staff of HMC; this radiologist’s affiliations have not changed. Likewise, six of the nine
physicians that treated Plaintiff during her admission to HMC were employed by HMC, and four
of those physicians continue to be employed by HMC. Of the remaining two physicians, one has
a last known residential address in Dalton, Whitfield County, Georgia, and the second is
employed with a medical facility located in Dalton, Whitfield County, Georgia. Furthermore,
during the seven-day HMC admission, Plaintiff received medical treatment from twenty-four
members of the nursing staff, all of whom were employed by HMC. Thirteen of these individuals
continue to be employed by HMC; four of the remaining eleven individuals have last known
residential addresses located in Whitfield County, Georgia, and six more have last known
residential addresses in the counties that neighbor Whitfield County.
Plaintiff was discharged from HMC on September 9, 2020, and thereafter underwent six
weeks of outpatient intravenous antibiotic therapy, and received further treatment related to her
left arm injury. Plaintiff’s outpatient intravenous antibiotic therapy was performed at the Peeples
Cancer Institute at HMC, which is located in Dalton, Whitfield County, Georgia. During her
antibiotic therapy, Plaintiff received medical treatment from twelve registered nurses, all of
whom were employed by HMC. Nine of these nurses continue to be employed by HMC.
Plaintiff's further medical treatment included receiving medical services at HMC’s off campus
imaging center, Hamilton Diagnostics Center, and undergoing physical therapy at HMC’s off
campus rehabilitation center, Bradley Whiteside Rehabilitation; both facilities are located in
Dalton, Whitfield County, Georgia. While undergoing physical therapy, Plaintiff received
medical services and treatment from seven medical providers employed by HMC; six of theseproviders continue to be employed by HMC. Plaintiff also continued to treat at Associates in
Orthopedics and Sports Medicine, and sought treatment at Advent Health Dalton Internal
Medicine and Hamilton Physicians Group Neurology, all of which are located in Dalton,
Whitfield County, Georgia.
Having considered and made these findings of fact, and acknowledging that all Parties
consent to the convenience and proper nature of Whitfield County, this Court finds that Whitfield
County, Georgia is a proper place of venue for this lawsuit pursuant to O.C.G.A. § 14-3-510(b)(1)
as HMC and HHCS are domestic corporations that maintain registered offices in Whitfield County.
Further, based on the above factual findings, the Court finds the following factors of O.C.G.A. §
9-10-31.1(a) weigh in favor of a transfer of this case to the Superior Court of Whitfield County,
Georgia: (1) Relative ease of access to sources of proof; (2) Availability and cost of compulsory
process for attendance of unwilling witnesses; (3) Possibility of viewing of the premises, if viewing
would be appropriate to the action; (4) Unnecessary expense or trouble to the defendant not
necessary to the plaintiff's own right to pursue his or her remedy; (5) Administrative difficulties
for the forum courts; and (6) Existence of local interests in deciding the case locally. The seventh
factor, traditional deference given to a Plaintiff's choice of forum, does not support a transfer.
However, Plaintiff consents to a transfer of this case to the Superior Court of Whitfield County,
and the totality of the statutory factors weigh in favor of transfer.
Therefore, this Court finds that a transfer of venue under forum non conveniens is
appropriate in this case. It is hereby ORDERED, ADJUDGED, and DECREED that this case is
transferred to Superior Court of Whitfield County, Georgia. The Clerk of this Court is hereby
ORDERED to transfer this case to the Superior Court of Whitfield County. Before the Clerk
transfers this action to Whitfield County, Plaintiff shall pay all transfer costs and must do sowithin twenty (20) days of mailing or delivery of the bill of costs. If the transfer costs are not
paid within such time, this case will stand automatically dismissed without prejudice as
provided in Uniform Superior Court Rule 19.1(G) and Uniform Transfer T-11.
SO ORDERED this 10 tay of ~ , 2023.
Order Prepared by:
/s/ Brittany D. Hepner
Brittany D. Hepner
Ga. Bar No.: 200989
Attorney for Defendants HMC and HHCS
The Minor Firm
P.O. Box 2586
Dalton, Ga 30722-2586
Consented to by:
THE DICKINSON LAW FIRM, LLC
/s/ Curtis J. Dickinson
With express permission by Brittany D.
Hepner
Curtis J. Dickinson
GA. BAR # 221127
1198 Buckhead Crossing, Suite F
Woodstock, GA 30189
Attorney for Plaintiff
Ye Honorable al pak
Judge, State Court of Gwinnett County
State of Georgia
Consented to by:
BRINSON ASKEW BERRY SEIGLER
RICHARDSON & DAVIS, LLP
/s/ Stephen B. Moseley
With express permission by Brittany D.
Hepner
STEPHEN B, MOSELEY
GA. BAR # 526498
P.O. BOX 5007
615 WEST 187 STREET
ROME, GA 30161
Attorney for Defendants Starnes,
Emergency Coverage Corporation,
Southeastern Emergency Physicians, LLC
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IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA JUANA VEJAR Plaintiff, : CIVIL ACTION FILE vs. : NO.: 22-C-03850-S6 HAMILTON MEDICAL CENTER, INC., : HAMILTON HEALTH CARE SYSTEM, INC., EMERGENCY COVERAGE : CORPORATION, SOUTHEASTERN : EMERGENCY PHYSICIANS, LLC, 3 JENNIFER D. STARNES, MD, and 3 JOHN/JANE DOE(S) 1-5 ; Defendants, : CONSENT ORDER GRANTING TRANSFER OF VENUE TO THE SUPERIOR COURT OF WHITFIELD COUNTY, GEORGIA Present before the Court are the Motion for Forum Non Conveniens Transfer of Defendant Hamilton Medical Center, Inc. (“HMC”) and Defendant Hamilton Health Care System, Inc. (“HHCS”), filed November 8, 2022, and the Motion for Forum Non Conveniens Transfer of Defendants Jennifer D. Starnes, M.D., Emergency Coverage Corporation, and Southeastern Emergency Physicians, LLC filed November 11, 2022; both of which Motions requested this Court transfer venue from this Court to the Superior Court of Whitfield County, Georgia pursuant to O.C.G.A. § 9-10-31.1. The moving Defendants have briefed the suitability of the proposed forum, addressed each element of O.C.G.A. § 9-10-31.1, and presented evidence that the Superior Court of Whitfield County is a more convenient forum than the present Court. The Court further acknowledges that Plaintiff has consented to the suitability, convenience, and transfer of this matter to the Superior Court of Whitfield County, Georgia. The doctrine of forum non conveniens, codified in O.C.G.A. § 9-10-31.1, provides:a) Ifa court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens. As to a claim or action that would be more properly heard in a forum outside this state, the court shall dismiss the claim or action. As to a claim or action that would be more properly heard in a different county of proper venue within this state, the venue shall be transferred to the appropriate county. In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors: (1) Relative ease of access to sources of proof; (2) Availability and cost of compulsory process for attendance of unwilling witnesses; (3) Possibility of viewing of the premises, if viewing would be appropriate to the action; (4) Unnecessary expense or trouble to the defendant not necessary to the plaintiff's own right to pursue his or her remedy; (5) Administrative difficulties for the forum courts; (6) Existence of local interests in deciding the case locally; and (7) The traditional deference given to a plaintiff's choice of forum. O.C.G.A. § 9-10-31.1 This Court must make specific findings of fact on each factor. Wang v. Liu, 292 Ga. 568, 570 (2013). Accordingly, the Court makes the following findings of fact: Plaintiff is a resident of Dalton, Whitfield County, Georgia. Plaintiff filed suit against HMC, HHCS, Emergency Coverage Corporation, Southeastern Emergency Physicians, LLC, and Jennifer D, Starnes (“Dr. Starnes”), in the State Court of Gwinnett County for ordinary negligence and medical malpractice for injuries stemming from the purported failure to appropriately diagnose and treat an open fracture of Plaintiffs olecranon. HHCS is a Georgia corporation, with a principal office address of 1200 Memorial Drive, Dalton, Whitfield County, Georgia. HMC is a regional acutecare hospital with its principal office located at 1200 Memorial Drive, Dalton, Whitfield County, Georgia. Dr. Starnes is a medical doctor who resides in Calhoun, Gordon County, Georgia. Emergency Coverage Corporation and Southeastern Emergency Physicians, LLC, are both Tennessee corporations and both have principal office addresses located in Tennessee. Venue in this Court is predicated on Emergency Coverage Corporation and Southeastern Emergency Physicians, LLC having registered agents located in Gwinnett County. Plaintiff presented to HMC’s Emergency Department the evening of August 30, 2020, after falling off an ATV, injuring her left elbow and forearm. Plaintiff was treated by two physicians, and three registered nurses employed by HMC. One of the two physicians was Dr. Starnes, who was employed as an emergency medicine specialist and provided care as an independent contractor in HMC’s Emergency Department. The second physician was a radiologist employed by North Georgia Radiology, which is located in Dalton, Whitfield County, Georgia. Both physicians continue to practice medicine in Whitfield County, Georgia; further, two of the three registered nurses continue to be employed by HMC. Plaintiff had a lengthy course of medical treatment for the injuries sustained on August 30, 2020. Plaintiff followed up with Dale N. Reed, MD, an orthopedic surgeon employed at Associates in Orthopedics and Sports Medicine, which is located in Dalton, Whitfield County, Georgia. In early September of 2020, Dr. Reed recommended Plaintiff be admitted to HMC for further treatment. Plaintiff was admitted to HMC the same day where John T. Norman, MD, performed surgery on the left elbow fracture. Dr. Norman is an orthopedic surgeon employed at Associates in Orthopedics and Sports Medicine. During this admission, Plaintiff received medical treatment from, or medical services provided by, nine physicians. Dr. Reed and Dr. Norman were two of these physicians, and both continue to be employed at Associates in Orthopedics and SportsMedicine and remain on the medical staff of HMC. One of the physicians was a radiologist employed by North Georgia Radiology, located in Whitfield County, who was a member of the medical staff of HMC; this radiologist’s affiliations have not changed. Likewise, six of the nine physicians that treated Plaintiff during her admission to HMC were employed by HMC, and four of those physicians continue to be employed by HMC. Of the remaining two physicians, one has a last known residential address in Dalton, Whitfield County, Georgia, and the second is employed with a medical facility located in Dalton, Whitfield County, Georgia. Furthermore, during the seven-day HMC admission, Plaintiff received medical treatment from twenty-four members of the nursing staff, all of whom were employed by HMC. Thirteen of these individuals continue to be employed by HMC; four of the remaining eleven individuals have last known residential addresses located in Whitfield County, Georgia, and six more have last known residential addresses in the counties that neighbor Whitfield County. Plaintiff was discharged from HMC on September 9, 2020, and thereafter underwent six weeks of outpatient intravenous antibiotic therapy, and received further treatment related to her left arm injury. Plaintiff’s outpatient intravenous antibiotic therapy was performed at the Peeples Cancer Institute at HMC, which is located in Dalton, Whitfield County, Georgia. During her antibiotic therapy, Plaintiff received medical treatment from twelve registered nurses, all of whom were employed by HMC. Nine of these nurses continue to be employed by HMC. Plaintiff's further medical treatment included receiving medical services at HMC’s off campus imaging center, Hamilton Diagnostics Center, and undergoing physical therapy at HMC’s off campus rehabilitation center, Bradley Whiteside Rehabilitation; both facilities are located in Dalton, Whitfield County, Georgia. While undergoing physical therapy, Plaintiff received medical services and treatment from seven medical providers employed by HMC; six of theseproviders continue to be employed by HMC. Plaintiff also continued to treat at Associates in Orthopedics and Sports Medicine, and sought treatment at Advent Health Dalton Internal Medicine and Hamilton Physicians Group Neurology, all of which are located in Dalton, Whitfield County, Georgia. Having considered and made these findings of fact, and acknowledging that all Parties consent to the convenience and proper nature of Whitfield County, this Court finds that Whitfield County, Georgia is a proper place of venue for this lawsuit pursuant to O.C.G.A. § 14-3-510(b)(1) as HMC and HHCS are domestic corporations that maintain registered offices in Whitfield County. Further, based on the above factual findings, the Court finds the following factors of O.C.G.A. § 9-10-31.1(a) weigh in favor of a transfer of this case to the Superior Court of Whitfield County, Georgia: (1) Relative ease of access to sources of proof; (2) Availability and cost of compulsory process for attendance of unwilling witnesses; (3) Possibility of viewing of the premises, if viewing would be appropriate to the action; (4) Unnecessary expense or trouble to the defendant not necessary to the plaintiff's own right to pursue his or her remedy; (5) Administrative difficulties for the forum courts; and (6) Existence of local interests in deciding the case locally. The seventh factor, traditional deference given to a Plaintiff's choice of forum, does not support a transfer. However, Plaintiff consents to a transfer of this case to the Superior Court of Whitfield County, and the totality of the statutory factors weigh in favor of transfer. Therefore, this Court finds that a transfer of venue under forum non conveniens is appropriate in this case. It is hereby ORDERED, ADJUDGED, and DECREED that this case is transferred to Superior Court of Whitfield County, Georgia. The Clerk of this Court is hereby ORDERED to transfer this case to the Superior Court of Whitfield County. Before the Clerk transfers this action to Whitfield County, Plaintiff shall pay all transfer costs and must do sowithin twenty (20) days of mailing or delivery of the bill of costs. If the transfer costs are not paid within such time, this case will stand automatically dismissed without prejudice as provided in Uniform Superior Court Rule 19.1(G) and Uniform Transfer T-11. SO ORDERED this 10 tay of ~ , 2023. Order Prepared by: /s/ Brittany D. Hepner Brittany D. Hepner Ga. Bar No.: 200989 Attorney for Defendants HMC and HHCS The Minor Firm P.O. Box 2586 Dalton, Ga 30722-2586 Consented to by: THE DICKINSON LAW FIRM, LLC /s/ Curtis J. Dickinson With express permission by Brittany D. Hepner Curtis J. Dickinson GA. BAR # 221127 1198 Buckhead Crossing, Suite F Woodstock, GA 30189 Attorney for Plaintiff Ye Honorable al pak Judge, State Court of Gwinnett County State of Georgia Consented to by: BRINSON ASKEW BERRY SEIGLER RICHARDSON & DAVIS, LLP /s/ Stephen B. Moseley With express permission by Brittany D. Hepner STEPHEN B, MOSELEY GA. BAR # 526498 P.O. BOX 5007 615 WEST 187 STREET ROME, GA 30161 Attorney for Defendants Starnes, Emergency Coverage Corporation, Southeastern Emergency Physicians, LLC