H. E. B. Food Stores, Inc. v. Warncke

KLINGEMAN, Justice.

This is an appeal from an order overruling defendant’s, H. E. B. Food Stores, Inc., plea of privilege in a suit to recover damages allegedly sustained by plaintiff, Mrs. Irene Warncke, as a result of a fall over a Christmas tree stand while she was a customer at defendant’s store in Bexar County, Texas. Venue was maintained in Bexar County under Subd. 9a, Art. 1995, Vernon’s Ann.Civ.St., after a non-jury trial.

Defendant asserts that there was no evidence and/or insufficient evidence of the existence of a condition involving an unreasonable risk of harm; that there was no…