Great Divide Insurance Company v. Alcus Reshod Fortenberry, 05-19-01541-CV

Fortenberry, an NFL player under contract with the Dallas Cowboys, injured his knee while practicing in Oxnard, California on August 2, 2015; Cowboys provided temporary hotel accommodations for players without a permanent Dallas residence.
DWC administrative process: an ALJ denied Fortenberry’s workers’ compensation claim; the DWC appeals panel adopted the denial; Fortenberry sought judicial review in Dallas County.
Fortenberry filed an affidavit asserting he resided at a Residence Inn in Irving (Dallas County) at the time of injury and pointed to an NFL contract addendum designating Dallas County as venue.
Great Divide (foreign insurer) moved to transfer venue to Travis County, asserting Fortenberry’s Mississippi residence and that Great Divide’s statutorily designated Austin law firm acts as its DWC agent; it also showed Fortenberry’s W-2 listing a Mississippi address.
Trial court denied transfer; after a jury verdict finding a compensable disability, the trial court awarded temporary income benefits to Fortenberry; Great Divide appealed the venue ruling.
Court of Appeals held neither party made the required prima facie showing of proper venue (no proof Fortenberry resided in Dallas County at the injury time; no proof Great Divide had a principal office in Travis), reversed the judgment, and remanded for further venue proceedings.

Issue	Plaintiff's Argument (Fortenberry)	Defendant's Argument (Great Divide)	Held
Whether venue was proper in Dallas County under Tex. Lab. Code §410.252(b)(1) (employee residence at time of injury)	He resided at Residence Inn in Irving at injury time; NFL contract clause designates Dallas County venue	Residence Inn was temporary hotel lodging; records show Mississippi address and injury occurred in CA	Not prima facie proven; hotel stay was transient and affidavit was conclusory — Dallas not proper venue
Whether Dallas County was permissive venue as defendant’s principal office	NFL contract and a claims letter with Irving address indicate Great Divide’s presence	Letter shows only an agent/representative, not company decision-makers	Insufficient to show Great Divide’s principal office in Dallas
Whether Travis County was proper because Great Divide designated an Austin law firm as DWC representative	N/A (Fortenberry disputed)	The Austin law firm is Great Divide’s statutorily designated DWC representative; notices filed from Austin	Evidence only shows an agent for DWC notices, not principal decision-makers — no probative evidence Travis is principal office
Remedy if neither county has probative evidence of proper venue	Trial court’s judgment should stand	Remand or transfer as appropriate	Reverse and remand to trial court to conduct further venue proof proceedings (per Tex. R. Civ. P. 87(3)(d))

In re Mo. Pac. R.R. Co., 998 S.W.2d 212 (Tex. 1999) (plaintiff must make prima facie venue showing; principal office requires decision-makers conducting daily affairs in county)
In re Masonite Corp., 997 S.W.2d 194 (Tex. 1999) (burden shifts to plaintiff to provide prima facie proof of venue when challenged)
Ruiz v. Conoco, Inc., 868 S.W.2d 752 (Tex. 1993) (on appeal court considers entire record to determine venue and directs remand/transfer if probative evidence exists)
Ford Motor Co. v. Johnson, 473 S.W.3d 925 (Tex. App.—Dallas 2015, pet. denied) (principal office inquiry requires proof that county employees are decision-makers with substantial authority)
Snyder v. Pitts, 241 S.W.2d 136 (Tex. 1951) (elements for residency: fixed abode in possession, consistent occupation over substantial time, intent of permanence)
Warehouse Partners v. Gardner, 910 S.W.2d 19 (Tex. App.—Dallas 1995, writ denied) (hotel/motel stays are temporary and not a residence for venue purposes)
Paradigm Oil, Inc. v. Retamco Operating, Inc., 372 S.W.3d 177 (Tex. 2012) (law-of-the-case doctrine binds venue determinations in subsequent proceedings)