Friday, November 22, 2013

Western Rock Co. v. Davis case brief

Western Rock Co. v. Davis case brief summary
432 S.W.2d 555 (1968)

CASE SYNOPSIS
Appellants, corporation and its directors, complained of the action of the District Court of Jack County (Texas), overruling separate pleas of privilege filed by each appellant to be sued in Dallas County on a complaint filed in Jack County by appellee property owners, who sought damages sustained to their respective homes and business properties because of alleged negligent blasting operations conducted in a rock quarry near Jacksboro.

CASE FACTS
Appellee property owners brought an action in a Jack County trial court for damages sustained to their homes and business properties because of alleged negligent blasting operations conducted in a rock quarry near Jacksboro by appellants, corporation and its directors. Appellants entered separate pleas of privilege to be sued in Dallas County. The trial court overruled the pleas of privilege.

DISCUSSION
  • On appeal, the court affirmed. 
  • Appellees' cause of action against appellant directors was based upon ample proof that they were the dominating force behind appellant corporation, a shell corporation, which had no assets and was in financial difficulty. 
  • The corporation served as a device through which they could carry on destructive blasting activities at the expense of the property owners of Jacksboro and at the same time be personally insulated from legal and financial responsibility. 
  • All of the venue facts were supported by ample evidence. 
  • The evidence was adequate to support the judgment of the court that appellant directors were legally responsible, individually and jointly, for negligent conduct that was a proximate cause of damages sustained in Jack County.
CONCLUSION
The court affirmed the judgment overruling separate pleas of privilege filed by appellants, corporation and its directors, to be sued in Dallas County on a complaint filed in Jack County by appellee property owners for damages sustained to their properties because of alleged negligent blasting operations because there was in the record ample evidence to support the judgment of the court.

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