GALVESTON - A timeshare trade broker wants a Harris County woman's wrongful death lawsuit against it and the Silverleaf entities removed from Galveston County, according to recent court records.
RCI, LLC entered a motion to transfer venue into Andrea Mathis Mayer's suit on Dec. 23, 2013, seeking an order from Galveston County 122nd District Court Judge John Ellisor which hands the litigation off to Montgomery County.
As previously reported, Andrea M. Mayer is pursuing legal action after her husband, Paul Mayer, died at the defendants' Galveston time-share facility in December 2011.
The widow explains that she and the decedent were visiting the defendants’ property when they encountered “inadequate” accommodations which the suit alleges were not properly addressed or fixed.
Paul Mayer, 80, “was required by the defendants to exhaust himself that evening after arriving by carrying luggage up three flights of stairs, then walking back down the three flights of stairs for dinner and then back up the three flights of stairs to the room provided by the defendants,” the original petition says.
Andrea M. Mayer further asserts her late spouse, a cancer survivor and Korean War veteran, was overwhelmed by fatigue, fell, and fatally struck his head on “an improperly self-closing door” in the room, ultimately accusing the respondents of deceiving them into purchasing a time-share in Conroe.
RCI's motion argues Montgomery County is a suitable venue since it provides a "convenience" for the parties and witnesses.
While Galveston County is a proper venue, the six-page document states, its jurisdiction "would impose an economic and personal hardships on the defendants."
According to the motion, the proposed switch in location would benefit Silverleaf, which is headquartered in Dallas.
Attorney Joseph T. Kennedy of Baker Donaldson in Houston is representing RCI.
Case No. 13-CV-1481