John Deere Industrial Equipment Co. v. McMahon Construction Co.

CLAYTON, Justice.

This is an appeal from an order overruling a plea of privilege filed by appellant, John Deere Industrial Equipment Company (third-party defendant), in which appellee, McMahon Construction Company, Inc. (third-party plaintiff), sought to maintain venue in Orange County under Tex.Rev.Civ.Stat.Ann. art. 1995, subdivisions 4, 5, 9a, 23, 29a, and 31 (Supp.1980).

The original plaintiff below, Stephen Whitmire, filed this personal injury action against appellee. Whitmire, according to appellee’s pleadings, was injured when “the hydraulic system of the backhoe malfunctioned causing it…