United Parcel Service, Inc. and Byron Keith Bisor v. Allen Norris, Deloris Norris and Fabian Darrell Williams
09-19-00304-CV
| Tex. App. | Sep 30, 2021Background
- Multi-vehicle collision on I‑10 (Louisiana): UPS driver Byron Bisor’s tractor‑trailer struck stopped traffic, injuring Fabian Williams and Allen & Deloris Norris among others.
- Gregorio Flores sued UPS, Bisor, and Williams in Jefferson County, alleging Williams resided in Jefferson County and was negligent; Williams answered and filed a cross‑action; the Norrises later intervened.
- UPS and Bisor moved to transfer venue to Harris County (Bisor’s residence); the trial court denied the motion.
- The trial court later granted a partial summary judgment finding Bisor solely negligent and acting in the scope of employment (respondent superior), eliminating any negligence claim against Williams.
- Jury fee dispute produced a bench trial; the trial court awarded damages to Williams and the Norrises. UPS/Bisor appealed; the Court of Appeals reviewed venue de novo under the "entire record" standard.
- Court of Appeals held the post‑summary‑judgment record destroyed the prima facie venue basis in Jefferson County for Williams and the Norrises, reversed, and remanded with instructions to transfer the claims to Harris County for a new trial; waiver argument rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue in Jefferson County was proper for Williams and the Norrises | Jefferson proper because Flores (and plaintiffs) pleaded Williams was a Jefferson resident and thus venue was proper | Plaintiffs failed to independently establish venue under Tex. Civ. Prac. & Rem. Code §15.002/.003; Flores’s allegation against Williams was eliminated | Venue improper — no probative evidence in the entire record supporting Jefferson as proper venue |
| Whether transfer to Harris County was proper | Venue ruling should stand; transfer unnecessary | Bisor resided in Harris when cause accrued, so Harris is proper under general venue rules | Transfer ordered — case remanded to Harris County for a new trial |
| Whether appellees waived venue objection by not moving again after initial denial | Appellants waived by not pursuing another transfer motion post‑denial | Rule 87 and precedent preserve defendants’ venue challenge; the issue may be reviewed on appeal | No waiver — waiver argument rejected; appellate review proper |
| Effect of the partial summary judgment (finding Bisor solely negligent) on venue | Initial prima facie proof at the venue hearing should control | The partial SJ destroyed the prima facie proof tying venue to Williams, requiring venue re‑evaluation under the entire record | Partial SJ destroyed the venue basis tied to Williams; appellate court reviews entire record and found venue improper |
Key Cases Cited
- Ruiz v. Conoco, 868 S.W.2d 752 (Tex. 1993) (appellate courts must review the entire record and reverse if later evidence destroys the prima facie venue showing)
- In re Team Rocket, L.P., 256 S.W.3d 257 (Tex. 2008) (Rule 87 limits venue determinations; procedural rules governing venue rulings discussed)
- Wilson v. Texas Parks & Wildlife Dept., 886 S.W.2d 259 (Tex. 1994) (standard for appellate review of venue determinations)
- In re Masonite Corp., 997 S.W.2d 194 (Tex. 1999) (plaintiff’s initial filing choice gives first venue selection)
- Pines of Westbury, Ltd. v. Paul Michael Constr., Inc., 993 S.W.2d 291 (Tex. App.—Eastland 1999) (when summary judgment eliminates a claim against the venue defendant, venue may be improper)
- ACF Indus., Inc. v. Carter, 903 S.W.2d 423 (Tex. App.—Texarkana 1995) (directed verdict for venue defendant can justify reversal of venue ruling under entire‑record review)