Furr's, Inc. v. Leyva

OPINION

WARD, Justice.

This is a venue case arising after a store customer suffered personal injuries when she fell because of some oil and glass on the floor of the Defendant’s store. The Plaintiff’s controverting plea sought to retain venue in El Paso County under Subdivisions 9a and 23 of Article 1995, Tex.Rev.Civ.Stat. Ann. After a non-jury hearing, the trial *203Court denied the Defendant’s plea and we reverse and remand with instructions.

Only the testimony of the Plaintiff, Martha Leyva, was before the Court. While she was shopping at the Defendant’s store in El Paso, she was looking at items…