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IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA
MARIE AND SHANE HERSEY, as
Surviving Parents of HUNTER
HERSEY, Deceased Infant,
Plaintiffs,
-vs- CIVIL ACTION NO: 23-A-03721-10
COFFEE REGIONAL MEDICAL
CENTER, INC., CHARLES FRANCIS
COWART, M.D., and AIR EVAC EMS,
INC.,
Defendants.
PLAINTIFFS’ RESPONSE IN OPPOSITION TO DEFENDANTS’
MOTION TO TRANSFER VENUE
COME NOW the Plaintiffs, MARIE AND SHANE HERSEY, as Surviving
Parents of HUNTER HERSEY, Deceased Infant, and files this Response in Opposition to
Defendants Coffee Regional Medical Center, Inc. and Charles Francis Cowart, M.D.
Motion to Transfer Venue, showing this Honorable Court the following:
FACTUAL BACKGROUND
Plaintiffs’ bring the above-named action against Defendants, with claims for (1)
wrongful death and (2) medical malpractice. On May 3, 2021, Hunter Hersey a 9 month
old boy in excellent health was dropped off for his first day of daycare. While Hunter was
at a daycare facility, members of the day care staff observed that Hunter was having
difficulty breathing. A little before 3:00 p.m., Coffee County EMS was called, and
Hunter was transported to Coffee Regional Medical Center (“Coffee Regional”). Hunter
arrived at Coffee Regional at approximately 3:15 p.m. He was admitted to the
Emergency Department. Defendant Charles Francis Cowart, M.D. (“Dr. Cowart”),
assumed care of Hunter upon his admission to the emergency department, and was
responsible for supervising and directing the emergent care provided to Hunter.
After Hunter's arrival at Coffee Regional, a chest x-ray was performed at
approximately 3:21 p.m. The x-ray report did not, and could not, exclude the presence of
a non-opaque foreign body in Hunter’s airway. By history, however, it was correctly
presumed that Hunter had swallowed something while at the church-run daycare center.
Dr. Cowart examined Hunter at approximately 3:40 p.m. Hunter’s condition was of great
concern continued to deteriorate, and at approximately 4:05 p.m., Dr. Cowart approved an
order transferring Hunter to Memorial Medical Center in Savannah, Georgia. Medical
caregivers attending Hunter’s care at Coffee Regional Medical Center include, but are not
limited to: Courtney N. Harbuck, RN, Bobby J. Guess, Jr., Certified Nurse Practitioner,
and Stephanie Merritt, RN.
Defendant Air Evac EMS, Inc. (“Air EVAC”) was contacted at approximately 3:52
p.m., before Dr. Cowart approved this transfer. Hunter was placed on a ventilator at
approximately 4:30 p.m. After being on the ventilator for approximately five minutes,
Hunter began to desaturate. Coffee Regional medical staff extubated and intubated
Hunter again at 4:39 p.m. The Air Evac medical team and helicopter arrived at Coffee
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Regional at approximately 4:23 p.m., but did not arrive at Hunter’s side until
approximately 4:51 p.m.
Once the Air Evac medical team arrived and gained access to Hunter, Hunter was
under the joint care of the members of the Air Evac team, Dr. Cowart, and Coffee
Regional. Hunter continued to experience intermittent desaturations; although, his lungs
were clear. He was, at times during his stay at Coffee Regional, noted to have poor air
movement. At approximately 5:30 p.m., Hunter was transferred from the CRMC ER Bed
to the Air Evac stretcher. At this time, his oxygen levels dropped, and the Air Evac Crew
adjusted the settings on the respiratory equipment. Hunter’s condition continued to be of
great concern while he was under the care of Defendants. Yet, Defendants failed to take
appropriate action to expedite transfer to Memorial Medical Center.
Preparations to actually transport Hunter to Memorial Medical Center in Savannah
did not begin until 6:37 p.m. This was more than two hours after Air Evac arrived on
scene. Air Evac did not arrive at Memorial Medical Center in Savannah until 7:35 p.m.,
and Memorial Medical Center assumed care of Hunter at 7:53 p.m. Hunter died at
Memorial Medical Center, during a bronchoscopy procedure. His heart stopped beating
at 7:58 p.m. The delay in transfer of Hunter to Memorial Medical Center, where life-
saving procedures could be performed, caused his death. (Complaint ¶ 7-30).
ARGUMENT & CITATION TO AUTHORITY
A. Venue is Proper Under O.C.G.A. § 14-2-510(b)(1).
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The motion to transfer venue was filed by Defendants Coffee Regional Medical
Center and Dr. Cowart - it was not filed by Defendant Air Evac EMS, Inc. (“Air Evac”),
and venue at to this Defendant is indisputably proper in Gwinnett County, pursuant to
O.C.G.A. § 14-2-510(b)(1).
Defendant Air Evac is a Missouri corporation, registered to do business in the
State of Georgia, with its Registered Office located in Gwinnett County. In its Answer,
Air Evac admitted that venue was proper in Gwinnett County. Thus, as the record
stands, two parties to this lawsuit - the Plaintiffs and Defendant Air Evac - properly place
venue in this county. It is only Defendants CRMC and Dr. Cowart who believe
otherwise.
Four geographic locations are at issue: 1) Douglas, Coffee County Georgia, where
Defendants CRMC and Dr. Cowart provided medical treatment to Hunter Hersey; 2)
Lawrenceville, Georgia, the location of the Gwinnett County Courthouse; 3) Savannah,
Chatham County, Georgia, where Hunter received his final medical treatment and passed
away.
The pertinent distances are as follows (as measured in driving distance):
1. Douglas to Savannah: 134.00
2. Lawrenceville to Savannah: 279.00
3. Lawrenceville to Waycross: 264.00
4. Lawrenceville to Douglas: 239.00
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B. Venue should remain in Gwinnet County.
Defendants CRMC and Dr. Cowart seek to change venue to their home county,
Coffee County, pursuant to O.C.G.A. § 9-3-31.1(a). This statute, provides, in pertinent
part:
(a) If a 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 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 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.
1. Coffee County does not Have Superior Ease of Access to
Witnesses for Defendant Air Evac.
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Defendants first argue that venue should be transferred to Coffee County because
it has “superior ease of access” to sources of proof over Gwinnett County. While some
fact witnesses, such as family members and witnesses to the events that transpired at the
day care, may be geographically located closer to Coffee County, this does not address
the location of the witnesses associated with Air Evac. As noted above, its principal
place of business is in Gwinnett County, which is where its witnesses and corporate
representatives are located.
The venue of the action does not impact discovery efforts by the parties. Whether
the case is in Coffee County or in Gwinnett county, counsel for the parties will
necessarily have to travel to the location of the witness to take their deposition. Although
subpoenas to secure the attendance of witnesses at trial will be issued by the Coffee
County Court, see O.C.G.A. § 24-13-22, and can be issued by counsel upon agreement by
the parties. O.C.G.A. § 9-11-45(a)(1)(B). Regardless of where the action is pending, the
location of the deposition is dictated by the location of the witness, and not by the venue
of the civil action. O.C.G.A. § 9-11-45(b).
The Plaintiff cannot contest the fact that the Gwinnett County courthouse is further
from Defendant CRMC and Dr. Cowart.
Another factor which warrants consideration is the fact that expert witnesses will
be coming to trial from out of state. Air travel for these experts is more convenient to the
Atlanta airport, which is far closer to Gwinnett County than is Coffee County. Attending
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proceedings in Gwinnett County would allow these witnesses to avoid connecting flights
to cities such as Savannah, where the witness would then have to make the additional
road trip Coffee County.
2. Availability of Compulsory Process.
As noted above, the discovery process is not impacted by venue. Whether this
case pends in Coffee County or Gwinnett County, counsel will still be required to travel
to the location of the witness to take discovery depositions. O.C.G.A. § 9-11-45(b).
As to witnesses, the parties have alternatives to presenting testimony live at trial.
They may present trial testimony by recorded deposition, especially when the witness
resides outside of the county. O.C.G.A. § 9-11-32(a)(3)(B). The Georgia code
contemplates that witnesses from outside the county of venue can be served “at any place
within the state,” O.C.G.A. § 24-13-22, and may be required to attend trial in a different
county with payment of the proper witness fee and mileage fee. The ability of the court to
enforce a subpoena if a witness fails to appear does not change based on venue - whether
this case pends in Gwinnett County or Coffee County, subpoenas may be enforced.
3. Possibility of viewing the Premises.
This is a medical malpractice action. It is not reasonably anticipated that the jury
will need to view the premises of the Coffee Regional Medical Center, or the daycare
where the child ingested the kidney bean. These premises are completely unrelated to the
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claims of negligence, which are based on the layout of the hospital or of the non-party
daycare, but instead are related on the actions/non-actions of the Defendants. Moreover,
movants CRMC and Dr. Cowart do not allege or argue that photographs of the premises
are insufficient.
4. Unnecessary expense or trouble to the defendant not necessary to the
plaintiff’s own right to pursue his or her remedy.
The next consideration is “unnecessary trouble or expense” to the defendant, not
necessary to the Plaintiffs’ right to pursue their remedy. The argument here focuses on
the expense of travel for CRMC and Dr. Cowart to attend trial. However, the Plaintiff
would argue that attendance at trial is an expense related to the Plaintiffs’ right to pursue
their claims.
Baby Hunter Hersey died in Savannah, at Memorial Medical Center, and it is in
Savannah that he received his final medical care. Witnesses from Memorial, including
the physician, nurses, and medical team in Savannah will be called and deposed.
Although Coffee County is geographically closer to Savannah than is Gwinnett County,
the difference is not so great as to justify overruling the Plaintiffs’ choice of forum, and
the choice of Defendant Air Evac to maintain venue in Gwinnett.
5. Administrative difficulties for the forum courts.
This factor does not weigh in the favor of either the Plaintiffs position that venue
is more convenient in Gwinnett County, or in Defendants CRMC and Dr. Cowart that
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venue is more convenient in Coffee County. Both courts have electonic filing systems.
To the extent it is a relevant consideration Gwinnett County in served by eleven Superior
Court judges, each having a law and judicial assistant.1
In comparison, the proposed transferee County is Coffee County, Georgia, a
county that is a member of the Waycross Judicial Circuit.2 Four Superior Court judges,
and two Senior Judges, preside in the Waycross Judicial Circuit.3 Upon information and
belief, the Waycross Judicial Circuit is served by four staff attorneys.4
6. Local Interest.
CRMC and Dr. Cowart next argue that Coffee County has a substantial local
interest in this litigation, while Gwinnett County has none. If the case is transferred to
Coffee County, the jury pool will be composed of Coffee County residents. O.C.G.A. §
15-12-120.1. Coffee Regional began as an arm of the Coffee County Hospital Authority,
and jurors from that County or their family members are likely to have been treated by
practitioners at that hospital. In that regard, local interest militates against transfer of
venue.
1
See https://www.gwinnettcourts.com/superior/ and links to the individual Judges
identified.
2
The Waycross Judicial Circuit serves Bacon, Brantley, Charlton, Coffee, Pierce
and Ware counties. https://firstjudicialdistrict.org/waycross-judicial-circuit/
3
https://firstjudicialdistrict.org/waycross-judicial-circuit
4
https://www.waycrossjudicialcircuit.com/judges
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7. Deference to Plaintiff’s Choice of Forum.
The Plaintiff’s chose Gwinnett County as the forum to litigate the case involving
the death of their son. There is no allegation that this choice of venue was in any way
improper. The Plaintiff’s chose the venue based on the provisions of the Georgia
Constitution and of the corporate venue statute, O.C.G.A. § 14-2-510. As of the date of
this submission, the co-defendant Air Evac, who has an interest equal to that of CRMC
and Dr. Cowart, has not requested a transfer of venue. The interests of the Plaintiffs, Air
Evac and CRMC/Cowart are relevant - not just those of CRMC/Cowart.
CONCLUSION
None of the factors necessarily gravitate towards a transfer of venue. Contrary to
the assertions of movants, AIR Evac is a primary actor in the death of Hunter Hersey.
The Motion to Transfer Venue must be denied.
THIS THE 28th DAY OF AUGUST , 2023.
SAVAGE & TURNER, P.C.
By: /s/ Brent J. Savage
Brent J. Savage
Georgia Bar No. 627450
102 East Liberty Street, 8th Floor
Post Office Box 10600
Savannah Georgia 31412
Phone: (912) 231-1140
Fax: (912) 232-4212
lhatcher@savagelawfirm.net
- 10 -
DOZIER LAW FIRM, LLC
David Dozier
Georgia Bar No. 228898
487 Cherry Street
Macon, GA 31201
Phone: (478) 308-7239
Fax: (478) 745-9097
david@dozierlaw.com
- 11 -
CERTIFICATE OF SERVICE
This is to certify that I have this day served a true and correct copy of forgoing
paper by filing the same with this Court through the designated electronic filing system
(Odyssey) and by causing same to be sent via email correspondence to:
Anthony A. Rowell, Esq. Theodore E.G. Pound, Esq.
T. Michael Burke, Jr. Esq. Brandon D. Sartin, Esq.
Stephen D. Delk, Esq. STITES & HARBISON, PLLC
HALL BOOTH SMITH, P.C. 303 Peachtree Street, NE
1564 King Road Suite 2800
Tifton, GA 31793 Atlanta, GA 30308
arowell@hallboothsmith.com tpound@stites.com
tburke@hallboothsmith.com bsartin@stites.com
sdelk@hallboothsmith.com Counsel for Defendant Air Evac, EMS,
Counsel for Defendants CRMC & Charles Inc.
Francis Cowart, M.D.
THIS THE 28TH DAY OF AUGUST, 2023.
SAVAGE & TURNER, P.C.
By: /s/ Kathryn Hughes Pinckney
Brent J. Savage
Georgia Bar No. 627450
Kathryn Hughes Pinckney
Georgia Bar No. 376110
Counsel for Plaintiff
102 East Liberty Street, 8th Floor
Post Office Box 10600
Savannah, Georgia 31412
Phone: (912) 231-1140
bsavage@savagelawfirm.net; lhatcher@savagelawfirm.net
kpinckney@savagelawfirm.net
- 12 -
David Dozier, Esq.
Georgia Bar No. 228898
DOZIER LAW FIRM, LLC
487 Cherry Street
Macon, GA 31201
Phone: (478) 308-7239
Fax: (478) 745-9097
david@dozierlaw.com
Counsel for Plaintiff
- 13 -
Preview
IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA MARIE AND SHANE HERSEY, as Surviving Parents of HUNTER HERSEY, Deceased Infant, Plaintiffs, -vs- CIVIL ACTION NO: 23-A-03721-10 COFFEE REGIONAL MEDICAL CENTER, INC., CHARLES FRANCIS COWART, M.D., and AIR EVAC EMS, INC., Defendants. PLAINTIFFS’ RESPONSE IN OPPOSITION TO DEFENDANTS’ MOTION TO TRANSFER VENUE COME NOW the Plaintiffs, MARIE AND SHANE HERSEY, as Surviving Parents of HUNTER HERSEY, Deceased Infant, and files this Response in Opposition to Defendants Coffee Regional Medical Center, Inc. and Charles Francis Cowart, M.D. Motion to Transfer Venue, showing this Honorable Court the following: FACTUAL BACKGROUND Plaintiffs’ bring the above-named action against Defendants, with claims for (1) wrongful death and (2) medical malpractice. On May 3, 2021, Hunter Hersey a 9 month old boy in excellent health was dropped off for his first day of daycare. While Hunter was at a daycare facility, members of the day care staff observed that Hunter was having difficulty breathing. A little before 3:00 p.m., Coffee County EMS was called, and Hunter was transported to Coffee Regional Medical Center (“Coffee Regional”). Hunter arrived at Coffee Regional at approximately 3:15 p.m. He was admitted to the Emergency Department. Defendant Charles Francis Cowart, M.D. (“Dr. Cowart”), assumed care of Hunter upon his admission to the emergency department, and was responsible for supervising and directing the emergent care provided to Hunter. After Hunter's arrival at Coffee Regional, a chest x-ray was performed at approximately 3:21 p.m. The x-ray report did not, and could not, exclude the presence of a non-opaque foreign body in Hunter’s airway. By history, however, it was correctly presumed that Hunter had swallowed something while at the church-run daycare center. Dr. Cowart examined Hunter at approximately 3:40 p.m. Hunter’s condition was of great concern continued to deteriorate, and at approximately 4:05 p.m., Dr. Cowart approved an order transferring Hunter to Memorial Medical Center in Savannah, Georgia. Medical caregivers attending Hunter’s care at Coffee Regional Medical Center include, but are not limited to: Courtney N. Harbuck, RN, Bobby J. Guess, Jr., Certified Nurse Practitioner, and Stephanie Merritt, RN. Defendant Air Evac EMS, Inc. (“Air EVAC”) was contacted at approximately 3:52 p.m., before Dr. Cowart approved this transfer. Hunter was placed on a ventilator at approximately 4:30 p.m. After being on the ventilator for approximately five minutes, Hunter began to desaturate. Coffee Regional medical staff extubated and intubated Hunter again at 4:39 p.m. The Air Evac medical team and helicopter arrived at Coffee -2- Regional at approximately 4:23 p.m., but did not arrive at Hunter’s side until approximately 4:51 p.m. Once the Air Evac medical team arrived and gained access to Hunter, Hunter was under the joint care of the members of the Air Evac team, Dr. Cowart, and Coffee Regional. Hunter continued to experience intermittent desaturations; although, his lungs were clear. He was, at times during his stay at Coffee Regional, noted to have poor air movement. At approximately 5:30 p.m., Hunter was transferred from the CRMC ER Bed to the Air Evac stretcher. At this time, his oxygen levels dropped, and the Air Evac Crew adjusted the settings on the respiratory equipment. Hunter’s condition continued to be of great concern while he was under the care of Defendants. Yet, Defendants failed to take appropriate action to expedite transfer to Memorial Medical Center. Preparations to actually transport Hunter to Memorial Medical Center in Savannah did not begin until 6:37 p.m. This was more than two hours after Air Evac arrived on scene. Air Evac did not arrive at Memorial Medical Center in Savannah until 7:35 p.m., and Memorial Medical Center assumed care of Hunter at 7:53 p.m. Hunter died at Memorial Medical Center, during a bronchoscopy procedure. His heart stopped beating at 7:58 p.m. The delay in transfer of Hunter to Memorial Medical Center, where life- saving procedures could be performed, caused his death. (Complaint ¶ 7-30). ARGUMENT & CITATION TO AUTHORITY A. Venue is Proper Under O.C.G.A. § 14-2-510(b)(1). -3- The motion to transfer venue was filed by Defendants Coffee Regional Medical Center and Dr. Cowart - it was not filed by Defendant Air Evac EMS, Inc. (“Air Evac”), and venue at to this Defendant is indisputably proper in Gwinnett County, pursuant to O.C.G.A. § 14-2-510(b)(1). Defendant Air Evac is a Missouri corporation, registered to do business in the State of Georgia, with its Registered Office located in Gwinnett County. In its Answer, Air Evac admitted that venue was proper in Gwinnett County. Thus, as the record stands, two parties to this lawsuit - the Plaintiffs and Defendant Air Evac - properly place venue in this county. It is only Defendants CRMC and Dr. Cowart who believe otherwise. Four geographic locations are at issue: 1) Douglas, Coffee County Georgia, where Defendants CRMC and Dr. Cowart provided medical treatment to Hunter Hersey; 2) Lawrenceville, Georgia, the location of the Gwinnett County Courthouse; 3) Savannah, Chatham County, Georgia, where Hunter received his final medical treatment and passed away. The pertinent distances are as follows (as measured in driving distance): 1. Douglas to Savannah: 134.00 2. Lawrenceville to Savannah: 279.00 3. Lawrenceville to Waycross: 264.00 4. Lawrenceville to Douglas: 239.00 -4- B. Venue should remain in Gwinnet County. Defendants CRMC and Dr. Cowart seek to change venue to their home county, Coffee County, pursuant to O.C.G.A. § 9-3-31.1(a). This statute, provides, in pertinent part: (a) If a 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 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 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. 1. Coffee County does not Have Superior Ease of Access to Witnesses for Defendant Air Evac. -5- Defendants first argue that venue should be transferred to Coffee County because it has “superior ease of access” to sources of proof over Gwinnett County. While some fact witnesses, such as family members and witnesses to the events that transpired at the day care, may be geographically located closer to Coffee County, this does not address the location of the witnesses associated with Air Evac. As noted above, its principal place of business is in Gwinnett County, which is where its witnesses and corporate representatives are located. The venue of the action does not impact discovery efforts by the parties. Whether the case is in Coffee County or in Gwinnett county, counsel for the parties will necessarily have to travel to the location of the witness to take their deposition. Although subpoenas to secure the attendance of witnesses at trial will be issued by the Coffee County Court, see O.C.G.A. § 24-13-22, and can be issued by counsel upon agreement by the parties. O.C.G.A. § 9-11-45(a)(1)(B). Regardless of where the action is pending, the location of the deposition is dictated by the location of the witness, and not by the venue of the civil action. O.C.G.A. § 9-11-45(b). The Plaintiff cannot contest the fact that the Gwinnett County courthouse is further from Defendant CRMC and Dr. Cowart. Another factor which warrants consideration is the fact that expert witnesses will be coming to trial from out of state. Air travel for these experts is more convenient to the Atlanta airport, which is far closer to Gwinnett County than is Coffee County. Attending -6- proceedings in Gwinnett County would allow these witnesses to avoid connecting flights to cities such as Savannah, where the witness would then have to make the additional road trip Coffee County. 2. Availability of Compulsory Process. As noted above, the discovery process is not impacted by venue. Whether this case pends in Coffee County or Gwinnett County, counsel will still be required to travel to the location of the witness to take discovery depositions. O.C.G.A. § 9-11-45(b). As to witnesses, the parties have alternatives to presenting testimony live at trial. They may present trial testimony by recorded deposition, especially when the witness resides outside of the county. O.C.G.A. § 9-11-32(a)(3)(B). The Georgia code contemplates that witnesses from outside the county of venue can be served “at any place within the state,” O.C.G.A. § 24-13-22, and may be required to attend trial in a different county with payment of the proper witness fee and mileage fee. The ability of the court to enforce a subpoena if a witness fails to appear does not change based on venue - whether this case pends in Gwinnett County or Coffee County, subpoenas may be enforced. 3. Possibility of viewing the Premises. This is a medical malpractice action. It is not reasonably anticipated that the jury will need to view the premises of the Coffee Regional Medical Center, or the daycare where the child ingested the kidney bean. These premises are completely unrelated to the -7- claims of negligence, which are based on the layout of the hospital or of the non-party daycare, but instead are related on the actions/non-actions of the Defendants. Moreover, movants CRMC and Dr. Cowart do not allege or argue that photographs of the premises are insufficient. 4. Unnecessary expense or trouble to the defendant not necessary to the plaintiff’s own right to pursue his or her remedy. The next consideration is “unnecessary trouble or expense” to the defendant, not necessary to the Plaintiffs’ right to pursue their remedy. The argument here focuses on the expense of travel for CRMC and Dr. Cowart to attend trial. However, the Plaintiff would argue that attendance at trial is an expense related to the Plaintiffs’ right to pursue their claims. Baby Hunter Hersey died in Savannah, at Memorial Medical Center, and it is in Savannah that he received his final medical care. Witnesses from Memorial, including the physician, nurses, and medical team in Savannah will be called and deposed. Although Coffee County is geographically closer to Savannah than is Gwinnett County, the difference is not so great as to justify overruling the Plaintiffs’ choice of forum, and the choice of Defendant Air Evac to maintain venue in Gwinnett. 5. Administrative difficulties for the forum courts. This factor does not weigh in the favor of either the Plaintiffs position that venue is more convenient in Gwinnett County, or in Defendants CRMC and Dr. Cowart that -8- venue is more convenient in Coffee County. Both courts have electonic filing systems. To the extent it is a relevant consideration Gwinnett County in served by eleven Superior Court judges, each having a law and judicial assistant.1 In comparison, the proposed transferee County is Coffee County, Georgia, a county that is a member of the Waycross Judicial Circuit.2 Four Superior Court judges, and two Senior Judges, preside in the Waycross Judicial Circuit.3 Upon information and belief, the Waycross Judicial Circuit is served by four staff attorneys.4 6. Local Interest. CRMC and Dr. Cowart next argue that Coffee County has a substantial local interest in this litigation, while Gwinnett County has none. If the case is transferred to Coffee County, the jury pool will be composed of Coffee County residents. O.C.G.A. § 15-12-120.1. Coffee Regional began as an arm of the Coffee County Hospital Authority, and jurors from that County or their family members are likely to have been treated by practitioners at that hospital. In that regard, local interest militates against transfer of venue. 1 See https://www.gwinnettcourts.com/superior/ and links to the individual Judges identified. 2 The Waycross Judicial Circuit serves Bacon, Brantley, Charlton, Coffee, Pierce and Ware counties. https://firstjudicialdistrict.org/waycross-judicial-circuit/ 3 https://firstjudicialdistrict.org/waycross-judicial-circuit 4 https://www.waycrossjudicialcircuit.com/judges -9- 7. Deference to Plaintiff’s Choice of Forum. The Plaintiff’s chose Gwinnett County as the forum to litigate the case involving the death of their son. There is no allegation that this choice of venue was in any way improper. The Plaintiff’s chose the venue based on the provisions of the Georgia Constitution and of the corporate venue statute, O.C.G.A. § 14-2-510. As of the date of this submission, the co-defendant Air Evac, who has an interest equal to that of CRMC and Dr. Cowart, has not requested a transfer of venue. The interests of the Plaintiffs, Air Evac and CRMC/Cowart are relevant - not just those of CRMC/Cowart. CONCLUSION None of the factors necessarily gravitate towards a transfer of venue. Contrary to the assertions of movants, AIR Evac is a primary actor in the death of Hunter Hersey. The Motion to Transfer Venue must be denied. THIS THE 28th DAY OF AUGUST , 2023. SAVAGE & TURNER, P.C. By: /s/ Brent J. Savage Brent J. Savage Georgia Bar No. 627450 102 East Liberty Street, 8th Floor Post Office Box 10600 Savannah Georgia 31412 Phone: (912) 231-1140 Fax: (912) 232-4212 lhatcher@savagelawfirm.net - 10 - DOZIER LAW FIRM, LLC David Dozier Georgia Bar No. 228898 487 Cherry Street Macon, GA 31201 Phone: (478) 308-7239 Fax: (478) 745-9097 david@dozierlaw.com - 11 - CERTIFICATE OF SERVICE This is to certify that I have this day served a true and correct copy of forgoing paper by filing the same with this Court through the designated electronic filing system (Odyssey) and by causing same to be sent via email correspondence to: Anthony A. Rowell, Esq. Theodore E.G. Pound, Esq. T. Michael Burke, Jr. Esq. Brandon D. Sartin, Esq. Stephen D. Delk, Esq. STITES & HARBISON, PLLC HALL BOOTH SMITH, P.C. 303 Peachtree Street, NE 1564 King Road Suite 2800 Tifton, GA 31793 Atlanta, GA 30308 arowell@hallboothsmith.com tpound@stites.com tburke@hallboothsmith.com bsartin@stites.com sdelk@hallboothsmith.com Counsel for Defendant Air Evac, EMS, Counsel for Defendants CRMC & Charles Inc. Francis Cowart, M.D. THIS THE 28TH DAY OF AUGUST, 2023. SAVAGE & TURNER, P.C. By: /s/ Kathryn Hughes Pinckney Brent J. Savage Georgia Bar No. 627450 Kathryn Hughes Pinckney Georgia Bar No. 376110 Counsel for Plaintiff 102 East Liberty Street, 8th Floor Post Office Box 10600 Savannah, Georgia 31412 Phone: (912) 231-1140 bsavage@savagelawfirm.net; lhatcher@savagelawfirm.net kpinckney@savagelawfirm.net - 12 - David Dozier, Esq. Georgia Bar No. 228898 DOZIER LAW FIRM, LLC 487 Cherry Street Macon, GA 31201 Phone: (478) 308-7239 Fax: (478) 745-9097 david@dozierlaw.com Counsel for Plaintiff - 13 -