HOUSTON - Yesterday, the 14th Court of Appeals found that a trial court did not error by denying Marquette Transportation’s special appearance in a Jones Act lawsuit.
The lawsuit was brought by Gerald Simon, who claims to have suffered a stroke while aboard a Marquette Transportation vessel. Simon sued Marquette for claims under the Jones Act, for unseaworthiness, and for maintenance and cure.
According to the 14th Court’s opinion, after Marquette filed its special appearance, Simon amended his petition to detail his factual allegations regarding specific personal jurisdiction. Although the trial court invited Marquette to file more evidence to develop a record contradicting those allegations, Marquette did not do so.
The trial court denied the special appearance and Marquette appealed, asserting that the trial court erred by denying the special appearance because Texas courts cannot exercise general or specific jurisdiction over it, the opinion states.
“Because Simon’s petition is sufficient and no evidence contradicts his assertion of specific personal jurisdiction, we cannot conclude that the trial court erred in denying Marquette’s special appearance,” the opinion states. “The trial court’s order denying the special appearance is affirmed.”
Appeals case No. 14-21-00729-CV