Leola Carter Et Al. v. William Sommerville and Son - Supreme Court of Texas

Leola Carter Et Al. v. William Sommerville and Son

By Supreme Court of Texas

  • Release Date: 1979-06-27
  • Genre: Law
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Leola Carter Et Al. v. William Sommerville and Son Supreme Court of Texas Book Review Score: ★★★★★ 5/5 stars

This is a venue appeal in a wrongful death action involving primarily the issue of negligence per se. Leola Carter, plaintiff below and petitioner here, brought a wrongful death action in Henderson County against three parties: William Sommerville & Son, Inc., defendant below and respondent here, Lloyd Goins, and Doyle Ray Hundley. Sommerville filed a plea of privilege to be sued in its county of residence, Dallas County. The trial court overruled the plea of privilege. The court of civil appeals reversed and rendered judgment ordering that the case be transferred to Dallas County. 571 S.W.2d 953. We affirm the judgment of the court of civil appeals, but for a reason different from that expressed by that court.

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