HOUSTON - The 14th Court of Appeals recently affirmed a ruling granting the special appearance of the Zhongtian International Trade Company in a lawsuit alleging the company sold a defective ladder through eBay.
The lawsuit was brought by Jose Huerta, who sued Zhongtian in Fort Bend County District Court alleging personal jurisdiction over Zhongtian because the ladder was marketed to Texas and him through ebay.
According to the 14th Court’s April 6 opinion, Huerta purchased a ladder from “superworthboutique” through eBay. The ladder was marketed as new and shipped to Huerta’s home in Katy. While using the new ladder on a job, it began to bend causing him to fall and sustain serious injuries.
Court records show Zhongtian filed a special appearance challenging personal jurisdiction, which the trial court granted, leading Huerta to appeal the ruling.
On appeal, Huerta argued that the trial court erred because Zhongtian failed to negate the jurisdictional facts; and the evidence showed that Zhongtian knowingly placed the specific ladder at issue into the stream of commerce and knowingly directed the specific ladder at him.
Justices concluded that Zhongtian’s contacts with Texas are insufficient to confer specific jurisdiction.
“Thus, Zhongtian demonstrated that it had no systematic and continuous contacts with Texas, that it did not purposefully direct any act toward Texas, and that it took no act within Texas that gave rise to the plaintiff’s cause of action,” the opinion states.
Case No. 14-21-00564-CV