Butt v. Gonzalez

OPINION

DIAL, Justice.

This is an appeal from an order overruling a plea of privilege in a negligence case. The appellee, A.C. Gonzalez, alleged that he was injured from a fall at an H.E.B. grocery store owned by the appellant, H.E. Butt. Suit was brought in Kerr County. Butt filed a plea of privilege to be sued in Nueces County, the county of his residence. Gonzalez filed a controverting plea relying on Tex.Rev.Civ.Stat.Ann. art. 1995(9a) Negligence (Vernon Supp.1982) as a basis for venue in Kerr County. After a hearing, the trial court overruled the appellant’s plea of privilege.

Appellant, in…