RAYMONDVILLE – An appellate court recently found that at least one claim against Utility Trailer Manufacturing Company (UTMC) belongs where it was filed.
On Dec. 24, 2016, Luis Cantu and several members of his family were killed when Antonio Quintero, who was driving a tractor-trailer, failed to brake and veered into Cantu’s lane and struck his vehicle.
The representatives of Cantu’s estate filed suit against Quintero, UTMC and Haldex Brake Products.
The plaintiffs alleged that there was an electrical wiring problem in the trailer’s braking system and that an air tank connected to the braking system, which was sold to Quintero and installed in his trailer by Utility Trailer Sales Southeast (UTS), contributed to the braking failure.
UTS is a UTMC authorized repair shop and dealer in Pharr.
In response to the suit, UTMC filed a special appearance, arguing that it is a California corporation and that the trailer at issue was manufactured and sold out of state.
When the motion was denied, UTMC appealed, arguing that the trial court erred, court records show.
On June 4, the 13th Court of Appeals affirmed in part and reversed and rendered in part, concluding that the allegations are sufficient to give UTMC fair notice of a claim regarding the air tank.
“Regardless of whether the air tank is actually proven defective, the claim made by appellees against UTMC regarding the air tank ‘arises out of or relates’ to one of UTMC’s undisputed contacts with Texas—i.e., its sale of the air tank to UTS,” the opinion states. “UTMC did not produce evidence negating any of the products liability elements as it pertains to the air tank, nor did it produce evidence negating any of the elements of a negligence cause of action with respect to the air tank.
“Therefore, the trial court has specific jurisdiction over UTMC with respect to any claim relating to the air tank sold by UTS to Quintero.”
Appeals case No. 13-19-00477