Lady Justice
HOUSTON - The 14th Court of Appeals has reversed a ruling denying Odyssea Marine’s special appearance in a Jones Act lawsuit.
Odyssea Marine and its subsidiaries are Delaware companies with their principal place of business in Louisiana. The plaintiff in the case, Howard Wilcox-Carleton, is an Alabama resident and was a seaman employed by Odyssea Marine when he was injured.
According to the lawsuit, on Nov. 8, 2022, Wilcox-Carleton sustained severe and permanent injuries when a crane operator struck him with an equipment basket. Wilcox-Carleton was pinned by the load and suffered a fractured hip, a separated pelvis, and other serious injuries.
In response to the suit, the Odyssea Marine defendants filed a special appearance, challenging the trial court’s ability to exercise personal jurisdiction over them.
Conversely, Wilcox-Carleton argued that the Odyssea parties entered into a contract with a Texas company.
Court records show Odyssea Marine and the Texas company agreed that any litigation would be brought in Harris County.
The trial court denied the special appearance and the companies appealed, arguing that they did not have to negate the forum selection clause as a basis for the trial court to exercise personal jurisdiction over them because Wilcox-Carleton did not assert in the trial court that this clause is an independent basis for personal jurisdiction.
On March 5, the 14th Court reversed the ruling, finding the trial court erred.
Justices found that because Wilcox-Carleton did not assert the forum selection clause as an independent basis for exercising personal jurisdiction over any of the Odyssea parties, the trial court erred to the extent it denied them special appearance based on the clause.
“The trial court erred in impliedly determining that it could properly exercise personal jurisdiction over any of the Odyssea Parties based on specific jurisdiction,” the opinion states.
“Because the trial court erred in denying the special appearance filed by the Odyssea Parties, we reverse the trial court’s order and render judgment sustaining the special appearance and dismissing all claims by Wilcox-Carleton against each of the Odyssea Parties for lack of personal jurisdiction.”
Case No. 14-24-00303-CV
