Delao v. Carlson

PHILLIPS, Chief Justice.

This is an appeal from an order entered after a non-jury hearing sustaining appel-lee’s plea of privilege to be sued in the county of his residence, Williamson County. Appellants, Mr. and Mrs. Mario Borrego Delao, brought this suit in Travis County against appellee seeking to recover damages under the wrongful death and survival statutes. Tex.Rev.Civ.Stat.Ann. arts. 4671 (Supp.1978) and 5525 (1958), alleging that appellee was operating a motor vehicle in Travis County in a negligent manner, struck appellants’ son and caused his death.

The trial court sustained…