EL PASO - The Eighth Court of Appeals recently reversed a ruling granting LG Chem’s special appearance in a lawsuit alleging a vape battery exploded.
Appellant Jeffrey Hause alleges his vape device was in his pants pocket when the battery exploded, causing severe burns.
According to the Eighth Court’s opinion, the appeal is one of several others in Texas involving allegedly defective battery cells used in vaping devices. At the time of the incident, Hause was a Texas resident who purchased a vaping device containing a lithium-ion 18650 battery cell from Vapolicity. LG Chem is a manufacturer of lithium-ion 18650 battery cells.
Court records show LG Chem filed a special appearance, asserting that it is a Korean company and has never been registered to do business in Texas. The trial court granted LG Chem’s special appearance and the appeal followed.
Justices found that the common denominator in all the cases involving LG Chem and its sales of allegedly defective batteries in Texas is there seems to be an understanding that at least some of LG Chem’s battery cells end up in the state.
“Further, because the injury occurred in Texas, and Appellant was a resident thereof at the time of the incident, litigating in Texas allows for the most efficient resolution of this controversy,” the opinion states. “Under the other factors, we see no reason why exercising jurisdiction over LG Chem in Texas would offend traditional notions of fair play and substantial justice. For these reasons, we find it comports with due process to subject LG Chem to jurisdiction in Texas.”
Case No. 08-20-00197-CV