Kimbell, Inc. v. Hernandez

OPINION

PRESLAR, Chief Justice.

In this venue case, the trial Court in reliance on Subdivision 9a, Negligence, of Article 1995, Tex.Rev.Civ.Stat.Ann., overruled the plea of privilege of Kimbell, Inc., d/b/a Foodway # 164. We affirm.

Appellant, in its excellent brief, points up the law that under Subdivision 9a, as an exception to Article 1995, Appellee as Plaintiff had the burden of pleading and proving by a preponderance of the evidence (1) that an act or omission of negligence occurred, (2) in the county where suit was filed, (3) that such act or omission was that of the Defendant or his…