Whitfield v. Furr's, Inc.

OPINION

WARD, Justice.

This is a venue case arising after a store customer suffered personal injuries when she kicked a coke bottle that was in her path as she pushed a grocery basket. The controverting plea sought to retain venue in El Paso County under Subdivisions 9a and 23 of Article 1995, Tex.Rev.Civ.Stat. Vernon’s Ann. After non-jury hearing, the trial Court granted the plea of privilege and transferred the case to Lubbock County. We, affirm.

The deposition of Terrye Louise Whitfield was offered into evidence and showed she had entered a Furr’s store in El Paso to purchase a pack of soft…