Foodway, Inc. v. Lopez

OPINION

RAMSEY, Chief Justice.

This is a venue case. Maria Lopez, Plaintiff-Appellee, filed suit against Food-way, Inc., Defendant-Appellant, seeking damages resulting from slipping and falling on a grape in Defendant’s store. Defendant filed its plea of privilege to be sued in Tarrant County which Plaintiff controverted under Subdivisions 9a and 23 of Ar- tide 1995, Vernon’s Ann.Tex.Civ.St. The trial Court denied Defendant’s plea. We reverse and remand with instructions.

At the hearing on the plea, the testimony of the Plaintiff and one James Moseley, an employee of the Defendant, was…