Supreme Court

24-0040 - Rush Truck Ctrs. of Tex., L.P. v. Sayre 

Rush Truck Ctrs. of Tex., L.P. v. Sayre

  • Case number: 24-0040
  • Legal category: Procedure-Pretrial
  • Subtype: Venue
  • Set for oral argument: March 19, 2025

Case Summary

This case raises venue and jurisdiction issues in an interlocutory appeal from a venue ruling.

Six-year-old Emory Sayre died after a school bus accident. Her parents sued the manufacturer, Rush Truck, in Dallas County for product liability. Rush Truck moved to transfer venue to either Parker County, where the accident occurred, or Comal County, Rush Truck’s headquarters. The trial court denied the motion. Rush Truck brought an interlocutory appeal, asserting error in the trial court’s venue ruling. The court of appeals affirmed, holding that a substantial part of the events or omissions giving rise to the Sayres’ product liability claim arose in Dallas County. The court of appeals noted evidence that the bus was ordered, delivered, inspected, titled, billed, and paid for out of Rush Truck’s Dallas County office.

Rush Truck petitioned for review, arguing that interlocutory appeals of venue determinations are available in all cases with multiple plaintiffs, that the court of appeals erred in considering allegations outside the venue section of pleadings, and that no substantial events or omissions giving rise to the Sayres’ claim occurred in Dallas County. The Supreme Court granted review.

 

Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case.