Venue Transfer Granted In Train Accident Case
December 20, 2013In November 2012, a Union Pacific train collided with a flatbed trailer carrying veterans and their spouses during a Veteran’s Day parade in Midland, Texas. The plaintiffs filed their personal injury/wrongful death suit in Dallas County. Union Pacific moved to transfer venue back to Midland County because its principal place of business in Texas is not in Dallas, but rather Harris County and, thus, the only proper venue is in Midland where the accident occurred. The trial court denied Union Pacific’s motion to transfer. The Court of Appeals disagreed, however, holding that Union Pacific’s “principal office” in Texas was not in Dallas because, although some management occurred in that office, the plaintiffs failed to establish that the Union Pacific employees in the Dallas office had “comparable authority” to the executives in Harris County.
