Mitchel Shannan Poole, Individually and on behalf of Rachael Nichole Poole v. Thor Industries, Inc., Dutchmen Manufacturing Inc., Rick's RV Sales, Inc., April Dosramos and Joshua Dosramos

• Court: Louisiana Court of Appeal
• Decided: March 4, 2020
• Docket: 2019CW1453
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

MITCHEL SHANNAN POOLE, NO. 2019 CW 1453 INDIVIDUALLY AND ON BEHALF OF RACHAEL NICHOLE POOLE, DECEASED

VERSUS

THOR INDUSTRIES, INC., MAR 0 4 2020 DUTCHMEN MANUFACTURING INC., RICK' S RV SALES, INC., APRIL DOSRAMOS AND JOSHUA IDOSRAMOS

In Re: Furrion, LLC, applying for supervisory writs, 18th Judicial District Court, Parish of Pointe Coupee, No.

47903.

BEFORE: WHIPPLE, C. J., GUIDRY, HIGGINBOTHAM, THERIOT AND BURRIS, 1 JJ.

WRIT GRANTED. The trial court' s August 27, 2019 judgment

denying relator, Furrion, LLC' s exception of lack of personal

jurisdiction is reversed. The respondent, Keystone RV Company, failed to establish that the relator had minimum contacts with

the forum such that it purposefully availed itself of the privilege of conducting activities within the forum. Ruckstuhl v. Owens Corning Fiberglas Corp., 98- 1126 ( La. 4/ 13/ 99), 731 So - 2d 881, cert, denied, 528 U. S. 1019, 120 S. Ct. 526, 145 L. Ed. 2d 407 ( 1999). The relator' s exception of lack of personal jurisdiction is granted, and the claims of Keystone RV Company against Furrion, LLC are dismissed without prejudice.

JMG TMH WJB

Whipple, C. J., dissents and would deny the writ on the

basis that there is outstanding discovey related to the issue of personal jurisdiction.

Theriot, J., dissents and would deny the writ.

D PUTY CLERK OF COURT FOR THE COURT

1 Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.