HOUSTON – A Texas appellate court recently affirmed the dismissal of a BP subsidiary from a lawsuit brought by a man claiming he injured his knee reacting to a security alert during a terrorist attack in 2013.
Alleging that he also suffered mental anguish damages, plaintiff Bradley McDaniel filed suit against his employer, BP America Production, and several other BP affiliates, including BP Amoco Exploration (In Amenas) in Harris County District Court.
In 2013, terrorists seized an Algerian gas plant jointly operated under a contract between Algeria’s state oil company, a subsidiary of a Norwegian oil company, and BP Amoco Amenas, killing multiple people at the plant.
McDaniel lived and worked as a drilling supervisor at a rig located about 7.5 miles southwest of the plant.
He allegedly suffered a knee injury while reacting to a security alarm and was stranded at the rig for four days following the attack “under conditions that caused him emotional distress and mental anguish,” court records state.
In his suit, McDaniel faulted the defendants for not providing adequate security and misrepresenting the venture’s safety.
BP Amoco Amenas, a United Kingdom, filed a special appearance, contending that its only connection to Texas was that it was part of a larger group of affiliated companies, some of which operated in Texas.
Evidence presented to the trial court showed BP Amoco Amenas does not have a headquarters, offices, or facilities in Texas, nor does it lease real property in Texas or own an interest in any wells or conduct exploration in the state.
After reviewing the evidence, the trial court granted BP Amoco Amenas’s special appearance and dismissed the company from the suit, prompting McDaniel to appeal.
On appeal, McDaniel made the argument that a facility manager named as a defendant in the suit lived in Texas while not working at the Algerian plant.
McDaniel contended the BP America Production employee worked on security-related matters on BP Amoco Amenas’ behalf from his Texas home.
On Jan. 30, justices on the First Court of Appeals found that jurisdiction over BP Amoco Amenas cannot rest on the manager’s part-time presence in Texas.
“Based on this record, we hold that BP Amoco Amenas lacks sufficient case-related contacts with Texas to permit the exercise of specific personal jurisdiction over it,” the opinion states, authored by Justice Jane Bland.
“We affirm order of the trial court granting BP Amoco Exploration (In Amenas) Limited’s special appearance.”
McDaniel is represented by Brenton Allison, Douglas Gilman and Michael Prejean, attorneys for the Gilman Allison law firm in Pearland.
BP Amoco Amenas is represented by The Brown Law Firm in Houston and Norton Rose Fulbright, also a Houston law firm.
Appeals case No. 01-17-00475-CV
Harris County District Court case No. 2014-54027