Thunderbird Supply Co. v. Williams

In Thunderbird Supply Co. v. Williams, 161 S.W.3d 731 (Tex. App.--Beaumont 2005, no pet.), the plaintiff alleged he was a Jefferson County, Texas resident and in his venue allegation stated, "Venue in Jefferson County is proper in that all or a substantial part of the events or omissions giving rise to the claims occurred in this county." Id. at 733. In other portions of the petition the plaintiff alleged "he was exposed to 'various toxic products designed, manufactured and marketed' by the thirteen so-called 'Jewelry Defendants,'" but did not allege the exposure occurred in Texas. Id. The court first noted that commission of a tort within the state is one means by which a nonresident may be deemed to be doing business in Texas. Id. at 733-34 (citing TEX. CIV. PRAC. & REM. CODE ANN. 17.042(2) (Vernon 1997)). Then, obviously considering the venue allegation with the general tort allegation, the court held the plaintiff had "met his initial burden of pleading allegations sufficient to bring the defendant within the long-arm statute," thereby shifting the burden to the defendant to negate all bases of personal jurisdiction alleged. Id. at 734.