Civil and Criminal Procedure and Evidence

Question

Paul was seriously injured when he was punched in the face by Dave at Liquor Lounge, a bar located in Harris County, Texas. Paul and Dave were both patrons, not employees, of Liquor Lounge. At all relevant times, Paul resided and worked in Galveston County, Texas. Dave is not a resident of Texas, but was visiting on the date of the incident. Dave was extremely intoxicated at the time of the incident. Paul intends to file suit against Dave in state district court in Texas. In which county or counties can Paul's suit be properly filed? Explain your answer.

Answer 1

How I approached this Civil Procedure and Venue question:

When reviewing this fact pattern, I began by identifying the key facts:

1. The location of the incident (Liquor Lounge in Harris County)
2. The residency of the plaintiff (Paul) in Galveston County
3. The non-residency of the defendant (Dave), who was visiting Texas

From there, I recalled the Texas venue statute, specifically Tex. Civ. Prac. & Rem. Code § 15.002(a), which outlines the general rules for determining proper venue in civil cases. The statute provides that venue is proper in:

1. The county where all or a substantial part of the events giving rise to the claim occurred;
2. The county of the defendant’s residence (if applicable); or
3. If no other rule applies, the plaintiff’s residence as a fallback.

Since Dave is not a Texas resident, the second option does not apply. However, because the incident (the alleged assault) occurred in Harris County, that satisfies the “substantial part of the events” requirement. Therefore, Harris County is a proper venue under §15.002(a)(1).

Even though Paul lives in Galveston County, that county only becomes relevant if no other venue is proper. But because venue is proper in Harris County, Galveston County is not available as an alternative.

Conclusion as a tutor:

When I help students work through venue questions like this, I emphasize a step-by-step approach:

1. Extract legally relevant facts from the scenario
2. Apply the statute methodically to each fact
3. Eliminate alternatives based on how the rules apply
4. Justify the answer with legal reasoning and clear references

So, in this case, I would guide the student to the conclusion that Harris County is the only proper venue, and explain why Galveston County is not, despite being Paul’s residence. This teaches both the black-letter rule and how to apply it under pressure—something that’s essential on the bar exam.