Jones v. Raytheon Aircraft Services, Inc.

120 S.W.3d 40, 2003 WL 21919598
CourtCourt of Appeals of Texas
DecidedSeptember 22, 2003
Docket04-02-00279-CV
StatusPublished
Cited by4 cases

This text of 120 S.W.3d 40 (Jones v. Raytheon Aircraft Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Raytheon Aircraft Services, Inc., 120 S.W.3d 40, 2003 WL 21919598 (Tex. Ct. App. 2003).

Opinions

OPINION

Opinion by

KAREN ANGELINI, Justice.

Ivan Jones and his fellow plaintiffs, all relatives of the victims of a New Zealand plane crash, appeal the trial court’s dismissal of their wrongful death claims based on the doctrine of forum non conve-niens. Because New Zealand is a forum in which, in the interest of justice, this action would more properly be heard, the trial court did not abuse its discretion in declining to exercise jurisdiction. The trial court’s judgment of dismissal is affirmed.

Background

On March 29, 1995, a Beech Queen Air/Excalibur Conversion aircraft crashed in New Zealand, killing the pilot (William Gaisford), copilot (Tañe Moana Wilkins), and four passengers (Hans Wagner, Bliss Wagner, Esther Maria Jones, and Denis McCarthy). The plane was owned by Kiwi West Aviation Ltd. (“Kiwi West”). It departed Hamilton, New Zealand, for a flight to New Plymouth, New Zealand. Minutes after takeoff, the crew reported it had lost an engine and was returning to Hamilton; on the way back the other engine failed, and the plane crashed in a pasture near Ngahinapouri, New Zealand.

The New Zealand Transport Accident Investigation Commission determined that the plane crashed as a result of double engine failure. Specifically, the Commission concluded that the engines failed because of fuel starvation — la, the engines [42]*42ran out of fuel, even though the outboard fuel tanks contained enough fuel for the entire flight. That fuel may never have reached the engines because the selectors were set for the inboard fuel tanks, which were nearly empty. The inboard fuel tanks may have been selected because Kiwi West applied the same checklist to two outwardly similar aircraft with significantly different fuel systems. Also, the investigators criticized Beech’s flight manual for using allegedly ambiguous terminology to describe the two sets of fuel tanks.

The aircraft that was involved in the accident was assembled by Beech Aircraft Corp. (“Beech”) in Kansas in 1965. In • 1977, the aircraft underwent modifications — the Excalibur conversion — to substitute larger engines, modify the fuel system, and change other features. These modifications were performed by Exeali-bur Aviation Co. (“Excalibur”) in Texas. In 1989, the plane was shipped to Australia. In 1994, the plane was again shipped, this time to New Zealand, where it was refurbished and put into service by Kiwi West. The plane was operated in New Zealand until the 1995 crash.

Following the crash, a group of plaintiffs brought suit in the 57th Judicial District Court, Bexar County, Texas. The group of plaintiffs consists of:

• Ivan Jones and his children Nicole Wein, Megan Jones, and Carla Jones. They are all residents of New Zealand. Ivan Jones is the surviving spouse of passenger Esther Maria Jones.
• Beverly McCarthy and her children Tracy Gmuer, Justin McCarthy, Clair West, Paul McCarthy, Mary McCarthy, and Kevin McCarthy. Gmuer is a resident of Switzerland and Mary McCarthy is a resident of England; the others are all residents of New Zealand. Beverly McCarthy is the surviving spouse of passenger Denis McCarthy.
• Frieda Muhlberger. She resides in New Zealand. Muhlberger is the mother of passenger Hans Wagner and the grandmother of passenger Bliss Wagner.
• Suzanne Gaisford and her children William Henry John Gaisford, Caroline Elisabeth Gaisford, and Georgina Louise Gaisford. They all reside in New Zea-land. Suzanne Gaisford is the surviving spouse of pilot William Gaisford.
• Jane Wilkins and her daughter, Mary Frances Wilkins. They both reside in New Zealand. Jane Wilkins is the surviving spouse of copilot Tane Moana Wilkins.

For simplicity, the plaintiffs will be referred to collectively as “Jones.”

Jones sued a group of defendants that were involved in the manufacture and modification of the aircraft, including Excalibur, Raytheon Aircraft Services, Inc. (“Raytheon”), Beech, and Swearingen Aircraft, Inc. (“Swearingen”). In his petition, Jones claimed that the aircraft, as manufactured and modified, was a defective product. He also asserted other theories of liability including negligence, breach of the duty to warn of defects, and breach of warranties. Jones sought recovery for wrongful death, pecuniary loss, loss of inheritance, medical and funeral expenses, mental anguish, and loss of companionship and society.

Beech filed a special appearance to challenge the trial court’s exercise of personal jurisdiction over it in Texas. Beech also filed a conditional motion to dismiss for forum non conveniens. Meanwhile, Ray-theon filed a motion to dismiss for forum non conveniens. Swearingen moved to join Beech and Raytheon’s motion to dismiss for forum non conveniens. The trial court sustained Beech’s special appear-[43]*43anee. Jones filed an interlocutory appeal, and this court reversed and remanded. Jones v. Beech Aircraft Corp., 995 S.W.2d 767, 774 (Tex.App.-San Antonio 1999, pet. dism’d w.o.j.), abrogated by BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789, 794 n. 1 (Tex.2002) (discussing proper standard of review for special appearances). This court noted that Beech’s contacts with Texas — including its interactive web site and its aircraft sales as Raytheon Aircraft Holdings — and the presence in the suit of its subsidiary Raytheon Aircraft Services (which has a significant presence at Texas airports) made Beech subject to general jurisdiction in Texas. See Jones, 995 S.W.2d at 774.

After the case was remanded to the trial court, the parties conducted additional discovery. In response to Beech and Ray-theon’s requests for admission, Jones admitted that none of the plaintiffs are legal residents of the United States. Also, the parties produced affidavits from several New Zealand legal experts on its no-fault accident insurance system. Apparently, before 1972, New Zealand had a personal injury tort litigation system similar to that in the United States and other common law countries and a worker’s compensation insurance system. In 1972, Parliament expanded the worker’s compensation insurance system to include all accidental injuries and deaths sustained by any individual in New Zealand. The system is funded by contributions from employers. The Accident Compensation Commission handles all claims without any involvement by the alleged wrongdoer. Dependents of deceased victims receive weekly payments based on the deceased’s earnings. As a corollary, victims may not bring lawsuits in New Zealand courts for injuries that are covered by the accident insurance system.

After the additional discovery was conducted, Swearingen filed a motion for summary judgment, arguing that it is unrelated to the now-defunct company, also named Swearingen, that was involved with the Excalibur conversion. The trial court heard Swearingen’s motion for summary judgment and Beech and Raytheon’s motion to dismiss for forum non conveniens. At the hearing, the trial court granted Swearingen’s motion for summary judgment. Later, the trial court granted Beech and Raytheon’s motion to dismiss for forum non conveniens. The trial court also granted Swearingen’s motion to sever and Jones’s motion to nonsuit Excalibur.

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