H. E. B. Food Stores v. Mercado

KEITH, Justice.

We review a venue appeal involving alleged injuries to a minor child. Mrs. Mercado, along with her two small children, were in defendant’s store shopping. She removed a six-pack carton of soda water from a display stack, noticing as she did so that there were several loose bottles upon the shelf from which she had removed the carton. One of these loose bottles fell, struck a bottle which her daughter Brenda was carrying in her hand, causing it to break and cut Brenda’s leg.

Mrs. Mercado, individually and as next friend of Brenda, sued H.E.B. and Huntress Bottling Company,…