Campos v. Smith

BARROW, Justice.

This is an appeal from an order entered after a non-jury trial, sustaining the plea of privilege of appellee, Charles L. Smith, to be sued in the county of his residence. Appellant, Joe V. Campos, brought suit to recover damages sustained when his car was struck from the rear by appellee’s car on the Pecos Street approach lane of the Southbound Expressway in San Antonio, Bexar County, Texas.

Appellant sought to maintain venue in Bexar County under Subd. 9a of Art. 1995, Vernon’s Ann.Civ.Stats. Under this subdivision, appellant was required to plead, prove and obtain affirmative…