The Dallas Court of Appeals has conditionally granted a writ of mandamus ordering a Dallas County Court at Law to abide by the Texas Tort Claims Act’s mandatory venue requirement.
In re SPAN, Incorporated (No. 05-23-01071-CV; December 31, 2024) arose from a personal injury action filed against SPAN, a nonprofit corporation that provides rural public transportation in Denton County. Plaintiff filed the lawsuit in Denton County alleging negligence and gross negligence, but later nonsuited and refiled in Dallas County, adding the manufacturer of the seats and seatbelts and the proprietor who sold the bus to SPAN as defendants.
Plaintiff asserted that venue was proper in Dallas County under § 15.002(a)(3), CPRC. SPAN moved to transfer venue to Denton County pursuant to § 101.102(a), CPRC (Texas Tort Claims Act), arguing that SPAN is a rural transit district, a political subdivision, and a governmental unit. Plaintiff did not respond. After a hearing, the trial court denied the motion. SPAN sought mandamus relief, seeking to transfer the case to Denton County.
In an opinion by Justice Goldstein, the court of appeals granted mandamus. The main question was whether SPAN constituted a governmental unit under the TTCA. Since Plaintiff did not specifically deny the properly pleaded mandatory venue facts, they must be taken as true. Moreover, since the collision occurred in Denton County, the cause of action arose there and it is a proper venue in any event. Thus, since SPAN was entitled to enforce the mandatory venue provision of the TTCA and the cause of action arose in Denton County, the court conditionally granted mandamus relief and directed the trial judge to vacate her order and transfer venue accordingly.
It would appear that this case involved forum shopping, and we applaud the court of appeals for putting a stop to it.
