H. E. Butt Grocery Co. v. Heaton

HALL, Justice.

Plaintiff, John D. Heaton, slipped and fell while shopping for groceries in a supermarket owned by defendant, H. E. Butt Grocery Company. He brought this suit in McLennan County, where the store is located, to recover damages for personal injuries, medical expenses, and lost wages resulting from the fall. He alleged that he slipped on grapes on the floor of the store, and that they were there because of de fendant’s negligence. Defendant filed a plea of privilege to be sued in Nueces County, the asserted county of its residence. Plaintiff controverted the plea under the…