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KIMBELL, INC. v. MORENO

No. 8830.

563 S.W.2d 350 (1978)

KIMBELL, INC., Appellant, v. Leon C. MORENO, Appellee.

Court of Civil Appeals of Texas, Amarillo.

February 21, 1978.

Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam (Cecil Kuhne), Lubbock, for appellant.

John J. C. O'Shea, Lubbock, for appellee.

DODSON, Justice.

This is a venue case. Leon C. Moreno, plaintiff-appellee, filed suit against Kimbell, Inc., defendant-appellant, in the 140th District Court of Lubbock County, Texas, seeking personal injury damages. Moreno alleged he slipped and fell on a piece of lettuce and an uneven floor in Kimbell's grocery store. Kimbell filed a plea of privilege to be sued in Tarrant County, Texas. Moreno responded with a controverting plea under subdivision 9a of Tex.Rev...

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