Texas Supreme Court
In Re Texas Department of Transportation, Relator. and in Re Gillespie County, Relator
March 9, 200750 Tex. Sup. Ct. J. 546
Summary
The Texas Supreme Court conditionally granted mandamus relief, ordering the Travis County probate court to transfer venue of the Foremans' personal injury suit to Gillespie County for claims against TxDOT and Gillespie County. The Court held that the plaintiffs properly pled only premises defect and special defect causes of action, which did not arise in Travis County, and therefore venue is mandatory in Gillespie County under the Texas Tort Claims Act and the Civil Practice and Remedies Code.