Velasco v. Texas Kentworth Co.
144 S.W.3d 632, 2004 WL 1832882 (2004)
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Rule of Law:
Venue is proper in any county where a substantial part of the events or omissions giving rise to the claim occurred. This includes the county where the injury or death took place, even if the defendant's alleged negligent acts occurred in a different county.
Facts:
- Texas Kenworth Company (Kenworth) sold a used Kenworth semi-tractor to Johnson County.
- The bid for the semi-tractor was submitted to and opened by Johnson County representatives in Johnson County.
- Mark Sims, a Johnson County resident, spoke with Johnson County representatives about the semi-tractor.
- The semi-tractor, allegedly having faulty brakes, was involved in a multi-vehicle collision in Johnson County shortly after the purchase.
- Gloria Oviedo Velasco, wife of Rutilio Ignacio Velasco, was involved in the collision.
- Gloria Oviedo Velasco died as a result of the injuries sustained in the accident in Johnson County.
Procedural Posture:
- Rutilio Ignacio Velasco sued Texas Kenworth Company (Kenworth) and others in the Johnson County trial court for wrongful death.
- Kenworth filed a motion to transfer venue from Johnson County to Dallas County.
- Velasco amended his petition, adding Mark Sims, a Johnson County resident, as a defendant to establish venue.
- The Johnson County trial court granted summary judgment for defendant Mark Sims.
- The Johnson County trial court then granted Kenworth's motion and transferred the case to Dallas County.
- In the Dallas County trial court, Kenworth filed a motion for summary judgment.
- The Dallas County trial court granted summary judgment in Kenworth's favor, dismissing Velasco's claims with prejudice.
- Velasco appealed this final judgment to the Court of Appeals.
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Issue:
Does the occurrence of a fatal accident in a county, along with related commercial transactions, constitute a 'substantial part of the events or omissions giving rise to the claim' sufficient to establish proper venue in that county under Texas law, even if the defendant's alleged negligent acts occurred elsewhere?
Opinions:
Majority - Justice Morris
Yes. The occurrence of a fatal accident and related commercial transactions in a county constitutes a 'substantial part of the events' sufficient to establish proper venue there. The Texas venue statute allows for venue where 'all or a substantial part of the events or omissions giving rise to the claim occurred,' which does not limit venue to a single county. The plaintiff's wrongful death claim arose when his wife died in the accident in Johnson County. Furthermore, the bid for the truck was delivered to Johnson County representatives in Johnson County. The defendant's burden was to prove that no substantial part of the events occurred in the plaintiff's chosen county, not merely that a substantial part also occurred elsewhere. Because probative evidence shows that a substantial part of the events occurred in Johnson County, the plaintiff's choice of venue was proper and it was a reversible error to transfer the case.
Analysis:
This decision clarifies the 'substantial part of the events or omissions' test for establishing venue in Texas. It solidifies that the location of the ultimate injury or harm is a critical factor, preventing defendants from easily moving cases to their preferred forum simply because their specific act of negligence occurred there. This interpretation provides plaintiffs, particularly in tort and product liability cases, with greater flexibility in choosing a venue, reinforcing the long-standing principle that a plaintiff's initial choice of a proper venue is to be respected. The case signals that multiple counties can have proper venue and the defendant must negate all of them to succeed on a motion to transfer.
