Blanks v. Taos Ski Valley, Inc.

706 F. Supp. 515, 1988 U.S. Dist. LEXIS 15789, 1988 WL 149177
CourtDistrict Court, E.D. Texas
DecidedNovember 23, 1988
DocketCiv. A. No. B-87-0564-CA
StatusPublished
Cited by1 cases

This text of 706 F. Supp. 515 (Blanks v. Taos Ski Valley, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blanks v. Taos Ski Valley, Inc., 706 F. Supp. 515, 1988 U.S. Dist. LEXIS 15789, 1988 WL 149177 (E.D. Tex. 1988).

Opinion

MEMORANDUM OPINION

COBB, District Judge.

Plaintiff, a citizen of Texas, contends that she was injured on the property of the defendant, a ski lift operator and a citizen of New Mexico. The plaintiff contends that the accident occurred because a sled owned by the defendant was allowed to escape its mooring and to slide down the mountain, where it struck the plaintiff. From this incident, the plaintiff contends, she sustained bodily injury which required medical care.

Initially, the plaintiff filed this action in the United States District Court, Beaumont Division, but dismissed it subsequent to the assignment of her cause to this court. Just before dismissal, plaintiff refiled this action in the 60th Judicial District Court of Jefferson County, Texas, from which the defendant removed the action to federal court. The cause was once again assigned to this court.

The defendant contends that this cause should be either dismissed or transferred to New Mexico. The defendant’s theories are as follows: lack of in personam jurisdiction, improper venue, and transfer pursuant to 28 U.S.C. § 1404(a).

I. PERSONAL JURISDICTION

The power of a court to exercise in per-sonam jurisdiction over a foreign corporation depends upon whether the exercise of such personal jurisdiction accords with constitutional principles of due process. International Shoe Co. v. State of Washington, 326 U.S. 310, 315, 66 S.Ct. 154, 158, 90 L.Ed. 96 (1945).

Texas law with respect to the assertion in in personam jurisdiction over a foreign [516]*516corporation is stated in TEX. CIVIL PRACTICE & REMEDIES CODE §§ 17.042 and 17.044 (Vernon 1988). Texas courts, however, have interpreted this statute to extend to the limits of federal due process. U-Anchor Advertising, Inc. v. Burt, 553 S.W.2d 760, 762 (Tex.1977).

To subject a non-resident defendant to in personam jurisdiction, there must have been an act done or transaction consummated by the defendant within the forum state, or some other act by which the defendant “purposefully avails itself of the privilege of conducting business within the forum state, thus invoking the benefits and protection of its laws.” Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1240, 2 L.Ed.2d 1283 (1958). The defendant’s business contacts with the state must be such that the maintenance of the suit “... does not offend traditional notions of fair play and substantial justice.” International Shoe, 326 U.S. at 316, 66 S.Ct. at 158.

Two separate standards for due process are recognized, depending upon the factual circumstances of the case:

(1) Specific jurisdiction: If the plaintiffs claim arises from or is related to business activities originated by the defendant within the forum, the plaintiff need establish only that the claim arose from those “minimum contacts” of the defendant with the forum state to obtain “specific jurisdiction.” Helicopteros Nacionales de Columbia S.A. v. Hall, 466 U.S. 408, 414, 104 S.Ct. 1868, 1872, 80 L.Ed.2d 404 (1984); Shaffer v. Heitner, 433 U.S. 186, 204, 97 S.Ct. 2569, 2579, 53 L.Ed.2d 683 (1977).

(2) General Jurisdiction: If the plaintiffs claim does not arise from nor is related to the defendant’s activities within the forum, the plaintiff must establish that the defendant carried out “sufficient contacts” within the forum to assert general jurisdiction over it. Helicopteros Nacionales de Columbia, 466 U.S. at 414, 104 S.Ct. at 1872; Perkins v. Benguet Consolidated Mining Co., 342 U.S. 437, 72 S.Ct. 413, 96 L.Ed. 485 (1952).

Plaintiff argues for specific jurisdiction on the basis that the defendant has purposely availed itself of the privileges of conducting business within the forum state, thus invoking the benefits and protections of its laws. Hanson, 357 U.S. at 253, 78 S.Ct. at 1239. Plaintiff points out that the defendant has had an information booth at the Houston Ski Show, has placed a two-inch by five-inch advertisement in a Houston newspaper, and has sent officers and employees to Texas who have called upon Texas travel agents. In addition, plaintiff contends that the defendant mails literature to Texans, sends invoices to Texans, and collects deposits from Texans upon request. Finally, the plaintiff contends that the defendant draws a third of its clientele from Texas.

Plaintiff argues for the application of Siskind v. Villa Foundation for Education, Inc., 642 S.W.2d 434 (Tex.1982). In Siskind, the Texas Supreme Court held that an Arizona school had sufficient minimum contacts with Texas to satisfy federal due process considerations for a breach of contract action. In Siskind, the Villa Foundation operated a school for problem children in Arizona. The Texas plaintiff filled out the school’s application in Texas and sent his son to the school for treatment. Claiming that the child had broken certain disciplinary rules at the school, the Villa Foundation expelled the child and refused to refund the remaining tuition. Claiming that the disciplinary grounds for the expulsion were fabricated, the plaintiff sued for breach of contract, misrepresentation, and violation of the Deceptive Trade Practices Act. The Texas Supreme Court held that the Arizona school had sufficient minimum contacts to satisfy due process requirements. These consisted of advertising in the telephone directories of three Texas cities, mailing information packets to Texas residents who had requested them, and sending contracts to Texans, including the plaintiff. Id.

Applying Siskind to this case, the plaintiff argues that defendant Taos has similarly advertised in the State of Texas. Distinguishing this case, however, is the fact that in Siskind, a nexus existed between the contract claim and the actions which went toward establishing minimum contacts in [517]*517the forum state. In the present case, however, the contacts which go towards establishing minimum contacts do not appear to have a nexus with the underlying personal injury claim. It is also apparent that the quantity of advertising by defendant Taos does not approach that of the defendant in Siskind.

Similarly, in Runnels v. TMSI Contractors, Inc., 764 F.2d 417 (5th Cir.1985), the plaintiff signed the original employment contract in Louisiana, and the alleged breach occurred in Saudi Arabia. Before the plaintiff had signed the contract, the defendant had advertised the job vacancy in a Louisiana newspaper.

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Related

Matter of TLC Marine Services, Inc.
900 F. Supp. 54 (E.D. Texas, 1995)

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Bluebook (online)
706 F. Supp. 515, 1988 U.S. Dist. LEXIS 15789, 1988 WL 149177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanks-v-taos-ski-valley-inc-txed-1988.