Hamilton v. Sowers

OPINION

HUGHES, Justice.

This appeal from an interlocutory order denying his plea of privilege is brought by C. D. Hamilton, M.D., a co-defendant in a medical malpractice suit. Hamilton was sued in Tarrant County as a co-defendant with Robert Capper, M.D., a resident of Tarrant County. Hamilton is a resident of Johnson County. Sowers controverted Hamilton’s plea of privilege by urging exceptions under Tex.Rev.Civ.Stat.Ann. art. 1995, subd. 4 and 29a (1964).

We reverse. The case against Hamilton is ordered transferred.

It is undisputed that Sowers, a man with a history of heart disease, went to…