Spoon v. Penix

This is a plea of privilege case. Jurisdiction of this Court is based upon a conflict between the decision of the Eastland Court of Civil Appeals in this case (418 S.W.2d 323) and a prior decision of the Amarillo Court of Civil Appeals in Burris v. Wilson, 363 S.W.2d 885 (1962, no writ).

In the present case, exception 9a of Article 1995, Vernon’s Ann.Tex.Stats., was invoked by Dr. Lex L. Penix, plaintiff, who sued the defendant, Victor Truman Spoon, in Jones County, seeking damages arising out of an automobile collision which took place at the intersection of Highways Nos. 277 and 180 in said…