Fuller v. American Recreational Vehicles

801 So. 2d 642, 1 La.App. 3 Cir. 0664, 2001 La. App. LEXIS 3005, 2001 WL 1580507
CourtLouisiana Court of Appeal
DecidedDecember 12, 2001
Docket01-0664
StatusPublished
Cited by2 cases

This text of 801 So. 2d 642 (Fuller v. American Recreational Vehicles) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fuller v. American Recreational Vehicles, 801 So. 2d 642, 1 La.App. 3 Cir. 0664, 2001 La. App. LEXIS 3005, 2001 WL 1580507 (La. Ct. App. 2001).

Opinion

801 So.2d 642 (2001)

W.P. FULLER
v.
AMERICAN RECREATIONAL VEHICLES, et al.

No. 01-0664.

Court of Appeal of Louisiana, Third Circuit.

December 12, 2001.

*643 Albin Alexandre Provosty, Provosty, Sadler, deLaunay, Alexandria, LA, Counsel for Plaintiff/Appellant W.P. Fuller.

John Craig Jones, Attorney at Law, Oakdale, LA, Counsel for Defendants/Appellees American Recreational Vehicles, Inc., Tri-City Industries, Inc., Niesman Bishoff, N. A., Daniel Ayers, David Ayers, Angeline Ayers.

Sharon Cormack Mize, Sessions, Fishman, etc., New Orleans, LA, Counsel for Third Party Defendant Man Roland, Inc.

Robert E. Winn, Sessions, Fishman, et al., New Orleans, LA, Counsel for Third Party Defendant, Man Roland, Inc.

Deana Dolores Palmisano, Sessions & Fishman, New Orleans, LA, Counsel for Third Party Defendant Man Roland, Inc.

Court composed of ULYSSES GENE THIBODEAUX, BILLIE COLOMBARO WOODARD, and GLENN B. GREMILLION, Judges.

GREMILLION, Judge.

The plaintiff, W.P. Fuller, appeals the trial court's judgment sustaining a declinatory exception of personal jurisdiction filed by the defendants, David and Angeline Ayres. We affirm.

FACTS

On April 3, 1987, Fuller purchased a 1987 Clou Liner recreational vehicle for $269,000 from American Recreational Vehicles, Inc., a division of Tri-City Industries, Inc., a Texas corporation located in Beaumont, Texas. The vehicle at issue, a Clou Liner 3800, was manufactured by Niesmann-Bischoff GmbH, a German Corporation. Daniel, the Ayres' son, consulted with the manufacturer to ensure that the vehicle met United States standards prior to importation. The vehicle was then sold to Tri-City for resale through American Recreational Vehicles. It was eventually sold to Fuller.

On January 13, 1994, Fuller filed suit in Allen Parish against American Recreational Vehicles, Tri-City, Niesmann Bischoff, *644 N.A.,[1] and Daniel, seeking a recission of the 1987 sale of the Clou Liner or, alternatively, a reduction in its sale price and damages due to vices and defects. David and Angeline (the Ayres) were added as defendants by Fuller at a later date. Various procedural maneuvers occurred in this matter, including removal to federal district court and the addition of third party demands involving German corporations. However, the only issue in this appeal concerns the trial court's sustaining of a declinatory exception of lack of personal jurisdiction in favor of the Ayres.

The Ayres, Texas residents, filed a Declinatory Exception of Lack of In Personam Jurisdiction on August 2, 1995. After a hearing on November 17, 1995, the trial court issued its judgment sustaining the exception on March 21, 2001. In its ruling on the exception, the trial court held that the fiduciary shield doctrine protected David and Angeline from personal jurisdiction in Louisiana, since their only contacts with this state were "rooted in their respective corporate capacities." Finding no personal contacts with this state, the trial court sustained the exception. This appeal by Fuller followed.

ISSUE

On appeal, Fuller argues that the trial court erred in sustaining the Ayres' exception of lack of personal jurisdiction and by improperly applying the fiduciary shield doctrine.

PERSONAL JURISDICTION

The law pertaining to personal jurisdiction was set out in Aetna Casualty and Surety Co. v. Continental Western Insurance Co., 97-206, pp. 4-6 (La.App. 3 Cir. 12/10/97), 704 So.2d 900, 902-03, writ denied, 98-0077 (La.3/13/98), 712 So.2d 884, writ denied, 96-1634 (La.9/27/96), 679 So.2d 1343:

Louisiana's long-arm statute, La.R.S. 13:3201, authorizes the exercise of personal jurisdiction by a Louisiana court to the limits allowed by constitutional due process. Superior Supply Co. v. Associated Pipe and Supply Co., 515 So.2d 790 (La.1987). Thus, our only inquiry into jurisdiction over the person of a nonresident is whether the requirements of constitutional due process have been met. Id.
Due process requires that a nonresident have certain minimum contacts with the forum state "such that the maintenance of the suit does not offend `traditional notions of fair play and substantial justice.'" International Shoe Co. v. State of Washington, etc., 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945). This protects the nonresident's liberty interest in not being bound by the judgments of states with which it has established no meaningful "contacts, ties or relations." Id.; Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472, 105 S.Ct. 2174, 2181, 85 L.Ed.2d 528 (1985).
The contacts with the forum state must be continuous and systematic, giving support to an assertion of general jurisdiction, or the cause of action must arise out of or relate to a contact, giving support to an assertion of specific jurisdiction. Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984).
A nonresident has the necessary contacts with the forum state where it has a contract with a substantial connection to *645 the forum state. McGee v. International Life Insurance Company, 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957). In the specific area of interstate contracts, where a party has reached out beyond its domiciliary state and has created continuing obligations and relationships with citizens of another state, that party is subject to the regulations and sanctions in the other state for the consequences of its actions. Burger King Corp., 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528.

The nonresident must have purposefully availed itself of the privilege of conducting activities within the forum state such that it can be said it should have reasonably anticipated being haled into court there. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980). In Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1239-1240, 2 L.Ed.2d 1283 (1958), the court stated, and in Burger King Corp., 471 U.S. 462, 474-475, 105 S.Ct. 2174, 2183, 85 L.Ed.2d 528, the court reemphasized the following:

The unilateral activity of those who claim some relationship with a nonresident defendant cannot satisfy the requirement of contact with the forum State. The application of that rule will vary with the quality and nature of the defendant's activity, but it is essential in each case that there be some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws. [Emphasis added].

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