Nonetheless, Williams's venue allegation states, "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." Commission of a tort within *734 the state is one means by which a nonresident may be deemed to be doing business in the state. Williams alleges that he is "a resident-citizen of Jefferson County, Texas" and Thunderbird "is a foreign corporation doing business in Texas" that "does not maintain a regular place of business in Texas and has not designated or maintained an agent for service of process in this State." Williams also alleges that he was exposed to "various toxic products designed, manufactured and marketed" by the thirteen so-called "Jewelry Defendants," but he does not allege that exposure occurred in Texas. Our long-arm statute allows Texas courts to exercise jurisdiction over foreign defendants who are "doing business" within the state. In its first issue, Thunderbird argues that Williams's allegations do not satisfy this initial burden. As the plaintiff, Williams bears the initial burden of pleading allegations sufficient to bring the nonresident defendant within the provisions of the long-arm statute. For the following reasons, we reverse the trial court's order and render judgment dismissing Williams's claims against Thunderbird for lack of jurisdiction.Ī Texas court may exercise personal jurisdiction over a nonresident defendant to the extent authorized by due process standards and the long-arm statute. The seven issues raised in this appeal challenge the trial court's exercise of personal jurisdiction over the appellant, a New Mexico corporation. In its order denying the special appearance, the trial court found that Thunderbird placed a silica-containing product into the stream of commerce with the reasonable expectation it would enter Texas. ("Thunderbird"), among others, on theories of strict product liability, defective marketing, negligence, and breach of warranty. Williams, a jeweler suffering from scleroderma, sued Thunderbird Supply Co., Inc. Alleging thirteen corporations "designed, manufactured and marketed" toxic products placed into the stream of commerce, Leslie B. This is an interlocutory appeal from the denial of a special appearance. Kiehnhoff, Reaud, Morgan & Quinn, LLP, Beaumont, for appellee.īefore McKEITHEN, C.J., KREGER and HORTON, JJ. McCabe, Jackson Walker LLP, Fort Worth, for appellant. 09-04-279 CV.Ĭourt of Appeals of Texas, Beaumont.
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