Furr's, Inc. v. Hernandez

OPINION

PRESLAR, Chief Justice.

In this venue case, the Defendant/Appellant appeals the overruling of its plea of privilege to be sued in the county of its residence. We reverse and render judgment that the cause of action be transferred to Lubbock County, Texas.

This suit was brought to recover damages for a dog bite suffered by Appellee while he was standing in the check-out line of Appellant’s grocery store. Appellee relied on Subdivisions 9a and 23 of Article 1995, Tex. Rev.Civ.Stat.Ann. We are of the opinion that Appellee has failed to meet his burden of proving negligence under Subdivision…