Marjorie Hope Bing and Husband v. Baptist

TOMLIN, Sr. J. In this medical malpractice case, Marjorie Hope Bing and William Bing (""plaintiffs""), residents of Obion County, filed suit in the Circuit Court of Shelby County against Dr. Thomas Hodgkiss, Pri-Med, Inc., and Baptist Memorial Hospital-Union City (""defendants"" or by name) seeking damages for injuries Marjorie Bing sustained while being treated by Dr. Hodgkiss at Baptist. After defendant Baptist filed a motion to dismiss for improper venue, plaintiffs voluntarily dismissed their suit against Baptist. After plaintiffs refiled their action against defendant Baptist in Shelby County, the trial court granted Baptist's motion to dismiss on the grounds of improper venue. The sole issue presented on appeal is whether the trial court was in error in granting the Baptist's motion to dismiss. For the reasons hereinafter stated, we find no error and affirm.