Cynthia Morrison, Individually and on behalf of Ernest Morrison v. Ricardo Vasquez, M.D., and Vascular Center & Vein Clinic of Southern Indiana, Kevin O'Connor, M.D.
Cynthia Morrison, Individually and on behalf of Ernest Morrison v. Ricardo Vasquez, M.D., and Vascular Center & Vein Clinic of Southern Indiana, Kevin O'Connor, M.D.
Opinion
*1105 [1] In this interlocutory appeal, Cynthia Morrison ("Morrison"), individually and on behalf of Ernest Morrison ("Ernest"), deceased, appeals from the trial court's order that the case be transferred from Marion County to Monroe County. We affirm.
Procedural History
[2] On December 20, 2017, Morrison filed a complaint for medical malpractice in Marion County naming as defendants Dr. Ricardo Vasquez and Vascular Center & Vein Clinic of Southern Indiana (together, "Appellees"), as well as Dr. Kevin O'Connor, Fort Wayne Radiology Association, LLC, Dr. Amar Pinto, Premier Healthcare, LLC, Dr. Mohamed Nassar, and Indiana University Health Bloomington, Inc. d/b/a Bloomington Hospital, Inc., ("Bloomington Hospital"). 1 The complaint alleged in part that the care, advice, and treatment of the defendants fell below the acceptable standard of care, proximately resulting in Ernest's death.
[3] On January 17, 2018, Appellees filed a Motion to Transfer Venue requesting transfer of the case to the Monroe Superior Court pursuant to Ind. Trial Rule 75(A). Appellees argued that Marion County does not meet preferred venue requirements and the greater percentage of defendants reside in Monroe County. They argued in part that Ernest presented to Dr. Vasquez's office in Bloomington in November 2013 and underwent a procedure at Bloomington Hospital in December 2013; Ernest presented to Bedford Hospital on May 27, 2014, where a CT was performed; Dr. O'Connor in Fort Wayne remotely interpreted the CT; Dr. Pinto agreed to consult; Dr. Nassar, the hospitalist at Bloomington Hospital, accepted care of Ernest and Ernest was transferred from Bedford Hospital to Bloomington Hospital on the evening of May 27, 2014; and Ernest expired at Bloomington Hospital on May 28, 2014. Appellees further argued that they, as well as Dr. Pinto and Premier Healthcare, LLC, reside in Monroe County; Dr. Nassar resides in Marion County; Bloomington Hospital is primarily located in Monroe County; and Dr. O'Connor and Fort Wayne Radiology Association, LLC, are located in Allen County, and noting that five of the eight named defendants are located in Monroe County.
[4] On January 18, 2018, Morrison filed an objection to Appellees' motion to transfer venue and argued that Marion County is a county of preferred venue because the registered office and agent of Bloomington Hospital, one of the defendants, are located in Marion County. In support of her objection, Morrison cited to Trial Rule 75(A)(4) and
Am. Family Ins. Co. v. Ford Motor Co.
,
Discussion
[5] The issue is whether the trial court erred in granting Appellees' motion to transfer venue from Marion County to Monroe County. We review factual findings on an appeal from a ruling on a motion for transfer of venue for clear error and review conclusions of law de novo .
*1106
Arkla Indus., Inc. v. Columbia St. Partners, Inc.
,
[6] Ind. Trial Rule 75(A) allows a case to be filed in any county in Indiana.
Preferred venue lies in:
(1) the county where the greater percentage of individual defendants included in the complaint resides, or, if there is no such greater percentage, the place where any individual defendant so named resides; or
* * * * *
(4) the county where either the principal office of a defendant organization is located or the office or agency of a defendant organization or individual to which the claim relates or out of which the claim arose is located, if one or more such organizations or individuals are included as defendants in the complaint; ....
[7] Trial Rule 75(A) does not create a priority among the subsections establishing preferred venue, and there may be multiple preferred venues in a given case.
Arkla Indus.
,
[8] The Indiana Supreme Court has observed that "[p]referred venue is located in counties where information is readily available, where relevant land and personal property can be found, where witnesses can be easily brought to court, and where the litigants reside or hold office" and that litigants "benefit from relative certainty about the preferred forum and from the savings in time and expense that such rules provide."
Randolph Cty. v. Chamness
,
[9] Morrison argues that Marion County is a county of preferred venue under Trial Rule 75(A)(4). She contends that, pursuant to the Indiana Supreme Court's opinion in
Am. Family Ins. Co.
, the registered agent and office of a domestic corporation provide the basis for venue under Rule 75(A)(4), that the address of Bloomington Hospital's registered agent was an address in Marion County, and thus that Marion County is a county of preferred venue. Morrison also argues that the complaint was filed on December 20, 2017, that venue is determined as of the time the complaint was filed, and that
[10] Appellees maintain that Marion County is not a county of preferred venue. They argue that
Am. Family Ins. Co.
applies only to foreign corporations without a physical office in Indiana. Appellees further maintain that
[11] In reply, Morrison maintains that
Am. Family Ins. Co.
, by its language, applies equally to domestic and foreign corporations and its holding is not limited to corporations without a physical office in Indiana. She further maintains that
[12] The parties do not dispute that Monroe County is a county of preferred venue under Trial Rule 75(A)(1). Thus, if Marion County is not a county of preferred venue, the trial court was required to transfer the case to a preferred venue upon request.
See
Arkla Indus.
,
[13] Trial Rule 75(A)(4) provides for preferred venue in "the county where ... the principal office of a defendant organization is located." In
Am. Family Ins. Co.
, the Indiana Supreme Court addressed preferred venue under Rule 75(A)(4) where the plaintiff filed suit in Marion County against Ford Motor Company, which had no offices in Indiana but maintained a registered office and agent in Marion County.
[14] We observe that, unlike in
Am. Family Ins. Co.
, where defendant Ford Motor Company had no offices in Indiana but maintained a registered office and agent in Marion County,
see
Am. Family Ins. Co.
,
*1108
[15] We find that
[16] The provision of
"Venue" refers to the place of trial or the locality where an action may be properly brought.... Venue is not a jurisdictional requirement or substantive right but is merely a procedural matter designed for the convenience of the parties, judicial efficiency, and allocating judicial resources....
77 AM. JUR. 2D Venue § 1 (footnotes omitted) (emphasis added). Also, an entry titled "Retroactive application of venue statute" provides in part:
Normally, venue provisions are considered procedural in nature, not substantive, and courts generally apply them retroactively .... It is the rule in a number of jurisdictions that a statute fixing venue is applicable even to actions pending on the effective date of the statute .
77 AM. JUR. 2D Venue § 7 (footnotes omitted) (emphases added).
[17] The provision of
[18] Further, we do not find Morrison's argument that
[19] To the extent
Am. Family Ins. Co.
may have determined that the term "principal office" in subsection (4) of the rule referred to a domestic corporation's "registered office," that determination was premised on Indiana corporation law which has since been considerably amended. Specifically, the Court in
Am. Family Ins. Co.
observed that, at the time Rule 75 was adopted in 1970, Indiana's corporation law required that corporations maintain a "principal office in this state" where an agent for service of process could be found and that, "[w]hen the Business Corporation Act was adopted in 1986, what had formerly been called the 'principal office in this state' was designated the 'registered office.' I.C. § 23-1-24-1 (2004)."
3
[20] Pursuant to
Conclusion
[21] For the foregoing reasons, we affirm the trial court's February 19, 2018 Order Granting Transfer of Venue.
[22] Affirmed.
Bailey, J., and Crone, J., concur.
According to the Indiana Secretary of State's record for Bloomington Hospital, a copy of which was attached as an exhibit to Morrison's objection to Appellees' motion for change of venue and which is file-stamped January 18, 2018, Bloomington Hospital's registered agent was Mary Beth Clause, Esq., with an address on 10th Street in Indianapolis. The filing also shows a "principal office address" for Bloomington Hospital on Second Street in Bloomington, Indiana. Appellant's Appendix Volume II at 62.
Each corporation must continuously maintain in Indiana:
(1) a registered office; and
(2) a registered agent, who must be:
(A) an individual who resides in Indiana and whose business office is identical with the registered office;
(B) a domestic corporation or not-for-profit domestic corporation whose business office is identical with the registered office; or
(C) a foreign corporation or not-for-profit foreign corporation authorized to transact business in Indiana whose business office is identical with the registered office.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.