Lester v. Weddle

This suit for damages for the wrongful death of their minor child was filed by respondents in Rains County where the alleged tort resulting in death occurred. The defendant-petitioner filed his plea of privilege to be sued in Van Zandt *2County, the county of his residence. In their controverting affidavit, respondents asserted their right to maintain the suit in Rains County under §§ 9 and 9a of Article 1995, Vernon’s Ann. Texas Civil Statutes. After hearing evidence, the trial court overruled the plea of privilege. The court of civil appeals affirmed. 426 S.W.2d 618.

Subdivision 9 of Article…