A Hardin County business who was sued by a Hardin County resident in March wants the case transferred out of Jefferson County.

As the Southeast Texas Record previously reported, Zachary Johnson filed suit against Modica Brothers and Fentex Enterprises, alleging he was injured when an all terrain vehicle was flipped by a Modica Brothers employee.

On Nov. 19, Fentex filed a motion to transfer venue from Jefferson to Hardin County, contending that both parties reside in Hardin County and the incident occurred in Hardin County.

In his suit, Johnson claims he entered the Modica Brothers as a customer on March 24, 2008, when an employee offered to take him on a ride on a Polaris ATV.

"The employee started driving recklessly in the parking lot when the ATV flipped causing injuries to the Plaintiff," the suit alleges.

Johnson is suing for his alleged past and future mental anguish, physical impairment and disfigurement, incurred medical costs and lost wages.

Ryan Douglas White and Jason L. Cansler of Brent Coon and Associates in Beaumont represent him.

Fentex is represented by Houston attorney Thomas Sulton.

Currently, Judge Donald Floyd, 172nd District Court, presides over the case.

Case No. E186-203

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