Texas Supreme Court

Javier Ruiz, Petitioner v. Conoco, Inc., Respondent

February 9, 1994868 S.W.2d 752

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the statute of limitations was tolled for the mentally incompetent plaintiff and that venue was proper in Starr County. The Court also clarified that an involuntary dismissal while a venue transfer motion is pending does not fix venue, and that appellate review of venue must consider the entire record. Justice Hightower dissented, arguing the Court overruled Milligan and misapplied the venue test, while Justice Doggett dissented on the rehearing process.