P&E Questions Set #1 Flashcards
Paul drove Fred to a bar in Paul’s car. After Fred and Paul each drank several beers
at the bar, they decided to return to their college dormitory. Feeling somewhat impaired,
Paul asked Fred to drive. Fred turned left on Avenue L in Lubbock, Lubbock County, Texas, and proceeded south. Avenue L is a one-way street, and Fred was driving the wrong
way.
Dan was driving westbound on 15th Street, ran a stop sign, and collided with the car Fred was driving. Paul and Dan were both injured. Paul resided in Harris County, Texas. Fred resided in Travis County, Texas. Dan
resided in Hockley County, Texas. Paul filed suit against Dan in Harris County.
What are the counties of proper venue authorized by the Texas Civil Practice and Remedies Code under these facts?
Venue is proper in Hockley County (where defendant resides) and Lubbock County (county of accident
What pleading must Dan file to contest venue in Harris County?
Dan should file a motion to transfer venue, which will allow him to contest the improper venue in Harris County.
Anticipating that an objection to venue may be granted, Paul contemplates an
appeal of an adverse venue ruling.
Is an interlocutory appeal authorized from an order granting a motion to transfer venue? Explain fully.
No, an interlocutory appeal from a motion to transfer venue is not allowed under the circumstances here.
If the trial court rules incorrectly on the motion to transfer venue, what effect, if any, will such erroneous ruling have on appeal regarding any final judgment?
Explain fully.
It is reversible error and would result in a reversal of the judgment and a remand.
Paul’s original petition simply alleges negligence without stating the facts upon which he relies to support the claim of negligence.
What pleading should Dan file in order to require Paul to specifically plead the facts upon which Paul relies to support his claims? Explain fully.
Dan should file a special exception to require Paul to specifically plead the facts upon which Paul relies to support his claims.
Evidence indicates that, even though Paul knew Fred was intoxicated, he allowed Fred to drive his car while he was a passenger.
What procedural steps should Dan take to allow him to submit a jury question on Paul’s contributory negligence or comparative responsibility? Explain fully
Dan has to plead comparative responsibility as an affirmative defense in his answer.
