DALLAS - Yesterday, the Fifth Court of Appeals affirmed a ruling denying Deere & Company’s motion to transfer venue, concluding that the plaintiffs in a wrongful death lawsuit met their burden to establish Deere maintained a principal office in Dallas County.
Deere makes and sells products such as tractors and rotary cutters. The company is headquartered in Moline, Illinois, but runs a regional distribution center in Dallas County, according to the Fifth Court’s opinion.
The opinion states that in November 2019 Gilbert Bernal was mowing beside Highway 591 in Comanche County, Texas. Deere manufactured the tractor and large rotary cutter he operated. Bernal fell from the tractor and onto the ground. The tractor and the large rotary cutter it towed continued to move in a circular pattern and ran over Bernal, who died from his injuries.
Bernal’s family sued Deere and his employer, Square G., in Dallas County. They alleged damages pursuant to the common law, the Texas wrongful death statute, and Texas survival statute.
According to the opinion, Deere filed a motion to transfer venue asking the trial court to transfer the lawsuit to Lamar County, where co-defendant Square G.’s principal office is alleged to be situated, or to Comanche County, where Bernal’s death is alleged to have occurred.
The trial court denied the motion and Deere appealed, arguing that the trial court erred.
“We conclude the Dallas regional distribution center was not ‘clearly’ subordinate to and ‘controlled by’ another Deere office in Texas,” the opinion states. “Because the Bernals established proper venue in Dallas County under section 15.002(a)(3) of the Texas Civil Practice and Remedies Code, we do not reach Deere’s contention that venue should be transferred to Comanche County or to Lamar County.
“We affirm the trial court’s order denying Deere’s motion to transfer venue.”
Case No. 05-22-00916-CV