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Electronically Filed
6/7/2019 2:01 PM
Hidalgo County District Clerks
Reviewed By: Marcos Lopez
CAUSE NO. C-1983-19-E
ANA ROSA GARCIA SANCHEZ, and IN THE DISTRICT COURT
SINDI PALACIOS, Individually and
As Next Friend of AMERICA JAZLYN
GARCIA PALACIOS, minor
Plaintiffs,
275" DISTRICT COURT
ZACHARY SANCHEZ
Intervenor,
Vv.
SPIRIT TRUCK LINES, INC.
Defendant. HIDALGO COUNTY, TEXAS
DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE,
ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION
SUBJECT TO MOTION TO TRANSFER VENUE AND MOTION TO CONSOLIDATE
SUBJECT TO MOTION TO TRANSFER VENUE
COMES NOW, SPIRIT TRUCK LINES, INC., Defendant in the above-entitled and
numbered Cause, and in keeping with Rule 86, e¢ seq., of the Texas Rules of Civil Procedure, and
Chapter 15 of the Texas Civil Practice and Remedies Code, files herein, prior to Defendant’s
Original Answer, files its Motion to Transfer Venue to Brooks County, Texas, and in support
thereof would respectfully show the Court the following:
MOTION TO TRANSFER VENUE
I
Defendant asserts that this action should be transferred to Brooks County, Texas, which
is the county of proper venue.
IL.
Defendant asks that the Court transfer this case to Brooks County, Texas in the interest of
justice and for the convenience of the parties and witnesses under the authority of Texas Civil
Practice & Remedies Code section 15.002(b). Defendant objects to venue in Hidalgo County,
DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO
INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER
VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 1
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Hidalgo County District Clerks
Reviewed By: Marcos Lopez
Texas in that said county is not the proper county of venue.
Til.
Defendant requests transfer of this action to Brooks County, Texas, the county of proper
venue, and asserts that this cause should be transferred to Brooks County, Texas under §15.002(1)
of the Texas Civil Practice & Remedies Code, in that Brooks County, Texas is the county in which
all or a substantial part of the alleged events or alleged omissions giving rise to the alleged claims
allegedly occurred.
IV.
Further, and in the alternative, pursuant to the provisions of Rule 257(d) of the Texas Rules
of Civil Procedure, Defendant would respectfully show the court that there is no rational
relationship or connection between the facts as alleged in this cause, and the forum in which this suit
has been brought, and therefore, this cause should be transferred to Brooks County, Texas.
Vv.
The balance of interests of all the parties weighs in favor of the action being brought in
Brooks County, Texas. TEX. CIV. PRAC. & REM. CODE § 15.002(b)(2). Further the transfer will not
cause a hardship or an injustice for any other party.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court set this Motion
to Transfer Venue for hearing, grant this Motion to Transfer Venue and transfer this cause as
requested above, and that Defendant have such other relief to which it is justly entitled.
VI.
ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION
SUBJECT TO TION TO TRANSFER VENUE
G RAL DENIAL
Subject to and without waiving its Motion to Transfer Venue, pursuant to the provisions of
DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO
INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER
VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 2
Electronically Filed
6/7/2019 2:01 PM
Hidalgo County District Clerks
Reviewed By: Marcos Lopez
TEX.R.CIV.P. 92, Defendant denies each and every, all and singular, the allegations contained in
Intervenor’s Original Petition, say none of the same are true, and demands strict proof thereof by
a preponderance of the evidence.
VIL.
Defendant objects and specially excepts to Intervenor’s Original Petition In Intervention
because it fails to specify the maximum amount of damages claimed. Defendant SPIRIT TRUCK
LINES, INC. hereby requests the Court require Intervenor ZACHARY SANCHEZ to re-plead
specifying the maximum amount of damages claimed.
Vill.
Recovery, if any, is limited to medical expenses “actually paid or incurred” by Intervenor,
not merely those alleged to be reasonable and necessary. See Tex.Civ.Prac. & Rem. Code §
41.0105.
IX.
For further answer herein, if such be necessary, and in the alternative, Defendant SPIRIT
TRUCK LINES, INC. would show unto the Court and jury that recovery made by Intervenor which
include as a source or component thereof, alleged lost earnings, if any, must be net of income taxes
and the Court is required to instruct the jury as to the tax consequences of any recovery of
compensatory damages. See Tex.Civ.Prac. & Rem. Code § 18.091.
x.
For further answer, Defendant SPIRIT TRUCK LINES, INC. denies any and all
allegations of gross negligence, knowing conduct, intentional and/or wanton behavior, malice,
and/or other conduct which Intervenor may argue form the basis for any entitlement to punitive
and/or exemplary damages. In addition, this Defendant relies upon any and all damage caps to
DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO
INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER
VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 3
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Hidalgo County District Clerks
Reviewed By: Marcos Lopez
which it may be entitled at Statutory and Common Law including, but not limited to, the damage
cap contained in sections 41.007 and/or 41.008 of the TEXAS CIVIL PRACTICE & REMEDIES CODE.
Defendant SPIRIT TRUCK LINES, INC., invokes Chapter 41, Section 41.008 (a) and Section
41.008 (b)(1)(A)(B) and Section 41.008 (b)(2) of the TEXAS CIVIL PRACTICE & REMEDIES CODE
pertaining to limitation of gross/punitive damages.
XI.
This Defendant further invokes its rights under the Due Process Clause of the Fifth
Amendment of the United States Constitution as applied to the states thorough the Fourteenth
Amendment of the United States Constitution. This Defendant affirmatively pleads that an
award of punitive and/or exemplary damages that may be pled by the Intervenor is a violation of
the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution.
XII.
Defendant SPIRIT TRUCK LINES, INC., respectfully requests that a court reporter attend
all sessions of court in connection with this case, and that said court reporter take full notes of all
testimony offered, together with any objections, rulings and remarks of the Court and exceptions
thereto and such other proceedings as may be needed or requested by said Defendant. See Christie
v. Price, 558 S.W. 2d 922 (Tex. Civ. App. — Texarkana 1977, no writ)
XII.
MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE
Subject to and without waiving its Motion to Transfer Venue, Defendant SPIRIT TRUCK
LINES, INC., respectfully moves for the consolidation of this case with the case entitled Cause
Number 19-05-17988-CV; Spirit Truck Lines, Inc. v. Texas SAI, Inc. pending in the 79" Judicial
District Court of Brooks County, Texas (Companion Case); and for their merger into one action.
DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO
INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER
VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 4
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Hidalgo County District Clerks
Reviewed By: Marcos Lopez
In support of its motion, Defendant SPIRIT TRUCK LINES, INC. would show as follows:
XIV.
The cause of action pending in the Companion Case in Cause Number 19-05-17988-CV,
Spirit Truck Lines, Inc. v. Texas SAI, Inc. in the 79" Judicial District Court of Brooks County,
Texas, arises out of a vehicular collision involving at least four motor vehicles on Highway 285,
approximately 10 miles east of Falfurrias, Texas, in a construction zone. One of the vehicles
involved in the collision was the property of Spirit Truck Lines, Inc., being driven by one of
Spirit Truck Lines’ driver’s. Spirit Truck Lines, Inc. filed suit in the Companion Case in Cause
Number 19-05-17988-CV; Spirit Truck Lines, Inc. v. Texas SAI, Inc. in the 79" Judicial District
Court of Brooks County, Texas, against Texas SAI, Inc. for failing to provide sufficient warnings
on the highway. Said lawsuit was filed on May 2, 2019.
XV.
Intervenor’s causes of action in the present case arise out of the same accident as that of
the Companion Case in Cause Number 19-05-17988-CV, Spirit Truck Lines, Inc. v. Texas SAI,
Inc. in the 79" Judicial District Court of Brooks County, Texas. Both cases involve the same or
similar issues of law and fact. The same or similar evidence will be used in each case,
specifically with regard to the cause of the accident in question and the Companion Case was
filed on May 2, 2019, prior to the present case which was filed by Intervenor on May 17, 2019.
XVI.
Rule 41 of the Texas Rules of Civil Procedure expressly authorizes the Court to
consolidate one of its cases with a case pending before another county or district court, see Texas
Rule of Civil Procedure 41 (providing that “suits filed separately may be consolidated”), and
Rule 174 lays out the requisite criteria.
DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO
INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER
VENUE AN! OTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 5
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Hidalgo County District Clerks
Reviewed By: Marcos Lopez
Specifically, rule 174 provides, in pertinent part as follows:
(a) Consolidation. When actions involving a common question of law or fact are
pending before the court, it may order a joint hearing or trial of any or all matters in
issue in the actions; it may order all the actions consolidated; and it may make such
orders concerning proceedings therein as may tend to avoid unnecessary costs or
delay.
In deciding whether to consolidate, the trial court must balance the judicial economy and
convenience that may be gained by the consolidation against the risk of an unfair outcome
because of prejudice or jury confusion. Womack v. Berry, 291 S.W.2d 677, 683 (Tex. 1956).
Here, all of Rule 174’s consolidation criteria are met, and the balancing of judicial
economy and convenience against the risk of an unfair outcome weighs squarely in favor of
consolidation. Both this case and the Companion Case involve common questions of law and
fact because the causes of action arise out of the same accident.
XVII.
To avoid a multiplicity of suits, duplication of testimony, unnecessary expense and delay,
unnecessary contradictory results, possible confusing and conflicting rulings and for the
convenience of the parties and of the Court, these actions should be consolidated into the
Companion Case pending in Cause Number 19-05-17988-CV; Spirit Truck Lines, Inc. v. Texas
SAL Inc. in the 79" Judicial District Court of Brooks County, Texas because said case was filed
prior to the present case and the accident occurred in Brooks County, Texas, where the
Companion Case is pending.
XVII.
SPIRIT TRUCK LINES, INC. requests that the Court set this motion for hearing and upon
further consideration order this case consolidated into the Companion Case in Cause Number
19-05-17988-CV; Spirit Truck Lines, Inc. v. Texas SAI, Inc. in the 79" Judicial District Court of
DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO
INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER
VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 6
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Hidalgo County District Clerks
Reviewed By: Marcos Lopez
Brooks County, Texas for all purposes, and to make any other orders that the Court deems
necessary and just.
XIX.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Defendant SPIRIT TRUCK LINES, INC.,
prays that Intervenor ZACHARY SANCHEZ take nothing by his suit and that Defendant recover
costs, and for such other and general relief as the Court may deem appropriate in the interest of
justice and equity.
Respectfully submitted,
CHAVES, OBREGON & PERALES, L.L.P.
802 N. Carancahua, Suite 2100
Corpus Christi, TX 78470
(361) 884-5400
(361) 884-5401 (facsimile)
By: /s/ Douglas E. Chaves
DOUGLAS E. CHAVES
State Bar No. 04161400
AIDAN PERALES
State Bar No. 24027604
and
Robert Fuentes
THE FUENTES FIRM, P.C.
5507 Louetta Rd. Suite A.
Spring, Texas 77379
Telephone: 281/378-7640
Facsimile: 281/378-7639
State Bar No. 24005405
ATTORNEYS FOR DEFENDANT
SPIRIT TRUCK LINES, INC.
DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO
INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER
VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 7
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Hidalgo County District Clerks
Reviewed By: Marcos Lopez
CERTIFICATE OF SERVICE
Thereby certify that a copy of the foregoing instrument has been served upon all counsel of
record to this proceeding by the manner indicated below, on June 7, 2019.
/s/ Douglas E. Chaves
Douglas E. Chaves
Via eServe
William J. Tinning
LAW OFFICE OF WILLIAM J. TINNING, P.C.
720 W. Broadway Ave.
Portland, Texas 78374
Telephone: 361/643-9200
Facsimile: 361/643-9600
Attorney for Plaintiffs
Aizar J. Karam, Jr.
KARAM LAW FIRM
1722 Pecan Avenue
McAllen, Texas 78501
Telephone: 956/630-5700
Facsimile: 956/630-5702
Attorney for Intervenor
DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO
INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER
VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 8
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Electronically Filed 6/7/2019 2:01 PM Hidalgo County District Clerks Reviewed By: Marcos Lopez CAUSE NO. C-1983-19-E ANA ROSA GARCIA SANCHEZ, and IN THE DISTRICT COURT SINDI PALACIOS, Individually and As Next Friend of AMERICA JAZLYN GARCIA PALACIOS, minor Plaintiffs, 275" DISTRICT COURT ZACHARY SANCHEZ Intervenor, Vv. SPIRIT TRUCK LINES, INC. Defendant. HIDALGO COUNTY, TEXAS DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE COMES NOW, SPIRIT TRUCK LINES, INC., Defendant in the above-entitled and numbered Cause, and in keeping with Rule 86, e¢ seq., of the Texas Rules of Civil Procedure, and Chapter 15 of the Texas Civil Practice and Remedies Code, files herein, prior to Defendant’s Original Answer, files its Motion to Transfer Venue to Brooks County, Texas, and in support thereof would respectfully show the Court the following: MOTION TO TRANSFER VENUE I Defendant asserts that this action should be transferred to Brooks County, Texas, which is the county of proper venue. IL. Defendant asks that the Court transfer this case to Brooks County, Texas in the interest of justice and for the convenience of the parties and witnesses under the authority of Texas Civil Practice & Remedies Code section 15.002(b). Defendant objects to venue in Hidalgo County, DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 1 Electronically Filed 6/7/2019 2:01 PM Hidalgo County District Clerks Reviewed By: Marcos Lopez Texas in that said county is not the proper county of venue. Til. Defendant requests transfer of this action to Brooks County, Texas, the county of proper venue, and asserts that this cause should be transferred to Brooks County, Texas under §15.002(1) of the Texas Civil Practice & Remedies Code, in that Brooks County, Texas is the county in which all or a substantial part of the alleged events or alleged omissions giving rise to the alleged claims allegedly occurred. IV. Further, and in the alternative, pursuant to the provisions of Rule 257(d) of the Texas Rules of Civil Procedure, Defendant would respectfully show the court that there is no rational relationship or connection between the facts as alleged in this cause, and the forum in which this suit has been brought, and therefore, this cause should be transferred to Brooks County, Texas. Vv. The balance of interests of all the parties weighs in favor of the action being brought in Brooks County, Texas. TEX. CIV. PRAC. & REM. CODE § 15.002(b)(2). Further the transfer will not cause a hardship or an injustice for any other party. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court set this Motion to Transfer Venue for hearing, grant this Motion to Transfer Venue and transfer this cause as requested above, and that Defendant have such other relief to which it is justly entitled. VI. ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO TION TO TRANSFER VENUE G RAL DENIAL Subject to and without waiving its Motion to Transfer Venue, pursuant to the provisions of DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 2 Electronically Filed 6/7/2019 2:01 PM Hidalgo County District Clerks Reviewed By: Marcos Lopez TEX.R.CIV.P. 92, Defendant denies each and every, all and singular, the allegations contained in Intervenor’s Original Petition, say none of the same are true, and demands strict proof thereof by a preponderance of the evidence. VIL. Defendant objects and specially excepts to Intervenor’s Original Petition In Intervention because it fails to specify the maximum amount of damages claimed. Defendant SPIRIT TRUCK LINES, INC. hereby requests the Court require Intervenor ZACHARY SANCHEZ to re-plead specifying the maximum amount of damages claimed. Vill. Recovery, if any, is limited to medical expenses “actually paid or incurred” by Intervenor, not merely those alleged to be reasonable and necessary. See Tex.Civ.Prac. & Rem. Code § 41.0105. IX. For further answer herein, if such be necessary, and in the alternative, Defendant SPIRIT TRUCK LINES, INC. would show unto the Court and jury that recovery made by Intervenor which include as a source or component thereof, alleged lost earnings, if any, must be net of income taxes and the Court is required to instruct the jury as to the tax consequences of any recovery of compensatory damages. See Tex.Civ.Prac. & Rem. Code § 18.091. x. For further answer, Defendant SPIRIT TRUCK LINES, INC. denies any and all allegations of gross negligence, knowing conduct, intentional and/or wanton behavior, malice, and/or other conduct which Intervenor may argue form the basis for any entitlement to punitive and/or exemplary damages. In addition, this Defendant relies upon any and all damage caps to DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 3 Electronically Filed 6/7/2019 2:01 PM Hidalgo County District Clerks Reviewed By: Marcos Lopez which it may be entitled at Statutory and Common Law including, but not limited to, the damage cap contained in sections 41.007 and/or 41.008 of the TEXAS CIVIL PRACTICE & REMEDIES CODE. Defendant SPIRIT TRUCK LINES, INC., invokes Chapter 41, Section 41.008 (a) and Section 41.008 (b)(1)(A)(B) and Section 41.008 (b)(2) of the TEXAS CIVIL PRACTICE & REMEDIES CODE pertaining to limitation of gross/punitive damages. XI. This Defendant further invokes its rights under the Due Process Clause of the Fifth Amendment of the United States Constitution as applied to the states thorough the Fourteenth Amendment of the United States Constitution. This Defendant affirmatively pleads that an award of punitive and/or exemplary damages that may be pled by the Intervenor is a violation of the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution. XII. Defendant SPIRIT TRUCK LINES, INC., respectfully requests that a court reporter attend all sessions of court in connection with this case, and that said court reporter take full notes of all testimony offered, together with any objections, rulings and remarks of the Court and exceptions thereto and such other proceedings as may be needed or requested by said Defendant. See Christie v. Price, 558 S.W. 2d 922 (Tex. Civ. App. — Texarkana 1977, no writ) XII. MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE Subject to and without waiving its Motion to Transfer Venue, Defendant SPIRIT TRUCK LINES, INC., respectfully moves for the consolidation of this case with the case entitled Cause Number 19-05-17988-CV; Spirit Truck Lines, Inc. v. Texas SAI, Inc. pending in the 79" Judicial District Court of Brooks County, Texas (Companion Case); and for their merger into one action. DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 4 Electronically Filed 6/7/2019 2:01 PM Hidalgo County District Clerks Reviewed By: Marcos Lopez In support of its motion, Defendant SPIRIT TRUCK LINES, INC. would show as follows: XIV. The cause of action pending in the Companion Case in Cause Number 19-05-17988-CV, Spirit Truck Lines, Inc. v. Texas SAI, Inc. in the 79" Judicial District Court of Brooks County, Texas, arises out of a vehicular collision involving at least four motor vehicles on Highway 285, approximately 10 miles east of Falfurrias, Texas, in a construction zone. One of the vehicles involved in the collision was the property of Spirit Truck Lines, Inc., being driven by one of Spirit Truck Lines’ driver’s. Spirit Truck Lines, Inc. filed suit in the Companion Case in Cause Number 19-05-17988-CV; Spirit Truck Lines, Inc. v. Texas SAI, Inc. in the 79" Judicial District Court of Brooks County, Texas, against Texas SAI, Inc. for failing to provide sufficient warnings on the highway. Said lawsuit was filed on May 2, 2019. XV. Intervenor’s causes of action in the present case arise out of the same accident as that of the Companion Case in Cause Number 19-05-17988-CV, Spirit Truck Lines, Inc. v. Texas SAI, Inc. in the 79" Judicial District Court of Brooks County, Texas. Both cases involve the same or similar issues of law and fact. The same or similar evidence will be used in each case, specifically with regard to the cause of the accident in question and the Companion Case was filed on May 2, 2019, prior to the present case which was filed by Intervenor on May 17, 2019. XVI. Rule 41 of the Texas Rules of Civil Procedure expressly authorizes the Court to consolidate one of its cases with a case pending before another county or district court, see Texas Rule of Civil Procedure 41 (providing that “suits filed separately may be consolidated”), and Rule 174 lays out the requisite criteria. DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER VENUE AN! OTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 5 Electronically Filed 6/7/2019 2:01 PM Hidalgo County District Clerks Reviewed By: Marcos Lopez Specifically, rule 174 provides, in pertinent part as follows: (a) Consolidation. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. In deciding whether to consolidate, the trial court must balance the judicial economy and convenience that may be gained by the consolidation against the risk of an unfair outcome because of prejudice or jury confusion. Womack v. Berry, 291 S.W.2d 677, 683 (Tex. 1956). Here, all of Rule 174’s consolidation criteria are met, and the balancing of judicial economy and convenience against the risk of an unfair outcome weighs squarely in favor of consolidation. Both this case and the Companion Case involve common questions of law and fact because the causes of action arise out of the same accident. XVII. To avoid a multiplicity of suits, duplication of testimony, unnecessary expense and delay, unnecessary contradictory results, possible confusing and conflicting rulings and for the convenience of the parties and of the Court, these actions should be consolidated into the Companion Case pending in Cause Number 19-05-17988-CV; Spirit Truck Lines, Inc. v. Texas SAL Inc. in the 79" Judicial District Court of Brooks County, Texas because said case was filed prior to the present case and the accident occurred in Brooks County, Texas, where the Companion Case is pending. XVII. SPIRIT TRUCK LINES, INC. requests that the Court set this motion for hearing and upon further consideration order this case consolidated into the Companion Case in Cause Number 19-05-17988-CV; Spirit Truck Lines, Inc. v. Texas SAI, Inc. in the 79" Judicial District Court of DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 6 Electronically Filed 6/7/2019 2:01 PM Hidalgo County District Clerks Reviewed By: Marcos Lopez Brooks County, Texas for all purposes, and to make any other orders that the Court deems necessary and just. XIX. PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Defendant SPIRIT TRUCK LINES, INC., prays that Intervenor ZACHARY SANCHEZ take nothing by his suit and that Defendant recover costs, and for such other and general relief as the Court may deem appropriate in the interest of justice and equity. Respectfully submitted, CHAVES, OBREGON & PERALES, L.L.P. 802 N. Carancahua, Suite 2100 Corpus Christi, TX 78470 (361) 884-5400 (361) 884-5401 (facsimile) By: /s/ Douglas E. Chaves DOUGLAS E. CHAVES State Bar No. 04161400 AIDAN PERALES State Bar No. 24027604 and Robert Fuentes THE FUENTES FIRM, P.C. 5507 Louetta Rd. Suite A. Spring, Texas 77379 Telephone: 281/378-7640 Facsimile: 281/378-7639 State Bar No. 24005405 ATTORNEYS FOR DEFENDANT SPIRIT TRUCK LINES, INC. DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 7 Electronically Filed 6/7/2019 2:01 PM Hidalgo County District Clerks Reviewed By: Marcos Lopez CERTIFICATE OF SERVICE Thereby certify that a copy of the foregoing instrument has been served upon all counsel of record to this proceeding by the manner indicated below, on June 7, 2019. /s/ Douglas E. Chaves Douglas E. Chaves Via eServe William J. Tinning LAW OFFICE OF WILLIAM J. TINNING, P.C. 720 W. Broadway Ave. Portland, Texas 78374 Telephone: 361/643-9200 Facsimile: 361/643-9600 Attorney for Plaintiffs Aizar J. Karam, Jr. KARAM LAW FIRM 1722 Pecan Avenue McAllen, Texas 78501 Telephone: 956/630-5700 Facsimile: 956/630-5702 Attorney for Intervenor DEFENDANT SPIRIT TRUCK LINES, INC.’S MOTION TO TRANSFER VENUE, ORIGINAL ANSWER TO INTERVENOR’S ORIGINAL PETITION IN INTERVENTION SUBJECT TO MOTION TO TRANSFER VENUE AND MOTION TO CONSOLIDATE SUBJECT TO MOTION TO TRANSFER VENUE - Page 8