Torres De Maquera v. Yacu Runa Naviera, S.A.

• Decision Date: 01 August 2000
• Docket Number: No. Civ.A. G-99-366.,Civ.A. G-99-366.
• Citation: 107 F.Supp.2d 770
• Parties: Nancy TORRES DE MAQUERA, surviving spouse of Pedro Maquera, deceased and a/n/f of Grisney Maquera De Torres, minors, Christiam Caldas and Victor Cisneros, Plaintiffs, v. YACU RUNA NAVIERA S.A., Ravenscroft Shipping, Inc., Linea Amazonica Peruana, S.A., and Agencia Naviera Maynas, S.A., Defendants.
• Court: U.S. District Court — Southern District of Texas

107 F.Supp.2d 770

Nancy TORRES DE MAQUERA, surviving spouse of Pedro Maquera, deceased and a/n/f of Grisney Maquera De Torres, minors, Christiam Caldas and Victor Cisneros, Plaintiffs, v. YACU RUNA NAVIERA S.A., Ravenscroft Shipping, Inc., Linea Amazonica Peruana, S.A., and Agencia Naviera Maynas, S.A., Defendants.

No. Civ.A. G-99-366.

United States District Court, S.D. Texas, Galveston Division.

August 1, 2000.

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Dennis M McElwee, Schechter and Marshall, Houston, TX, for Nancy Torres De Maquera, plaintiffs.

Kenneth D Kuykendall, Royston Rayzor et al, Houston, TX, for Yacu Runa Naviera S.A., defendants.

ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS AND DEFENDANTS AGENCIA, NAVIERA, AND RAVENSCROFT'S MOTION FOR SUMMARY JUDGMENT

KENT, District Judge.

Plaintiffs bring this claim against Defendants for personal injuries arising under the Jones Act and general maritime law. The injuries allegedly occurred on June 14, 1999 while Plaintiffs were working aboard the M/V YACU RUNA. Now before the Court are three Motions: (1) a Motion to Dismiss for Lack of Personal Jurisdiction filed by Defendant Linea Amazonica Peruana, S.A. ("Linea"); (2) a Motion to Dismiss for Lack of Personal Jurisdiction, Failure to State a Claim, or for Summary Judgment, filed by Defendants Naviera Yacu Runa, S.A. ("Naviera"), Agencia Naviera Maynas, S.A. ("Agencia"), and Ravenscroft Shipping, Inc. ("Ravenscroft"); and a Motion to Dismiss on the basis of Forum Non Conveniens filed by all Defendants. For the reasons stated below, each Motion is DENIED.

I. FACTUAL SUMMARY

The events detailed in this Opinion have left one man dead and have rendered two other sailors permanently impaired. On June 14, 1999, the M/V YACU RUNA, a vessel owned by Defendant Naviera and bareboat chartered to Defendant Linea, was steaming toward the Port of Houston to deliver a regular shipment of cargo. That day, three Peruvian sailors, Pedro Maquera, Victor Cisneros, and Christiam Caldas, had been in the process of gas freeing a tank on board the vessel when a sudden, terrible explosion tore through their work area. Sadly, the explosion had a disastrous result. Mr. Maquera died on the scene, and Mr. Cisneros and Mr. Caldas, both of whom suffered third-degree burns over a majority of their bodies, were evacuated by helicopter to Galveston to receive immediate medical attention. Mr. Cisneros and Mr. Caldas spent the next two months in Galveston undergoing treatment for their injuries. Because of the explosion, it appears likely that their sea careers have come to a premature end. On June 18, 1999, Cadet Caldas, Mr. Cisneros, and Nancy De Maquera, the surviving spouse of seaman Pedro Maquera, filed suit.

II. MOTION TO DISMISS

A. Standard of Review

The Federal Rules of Civil Procedure authorize a court, upon suitable showing, to dismiss any action or any claim within an action for failure to state a claim upon which relief can be granted. See FED. R.CIV.P. 12(b)(6). When considering a motion to dismiss, the Court accepts as true all well-pleaded allegations in the complaint, and views them in a light most favorable to the plaintiff. See Malina v. Gonzales, 994 F.2d 1121, 1125 (5th Cir. 1993). Unlike a motion for summary judgment, a motion to dismiss should be granted only when it appears without a doubt that the plaintiff can prove no set of facts in support of her claims that would entitle her to relief. See Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); Tuchman v. DSC Communications Corp., 14 F.3d 1061, 1067 (5th Cir. 1994).

B. Personal Jurisdiction

Defendants first argue that the exercise of personal jurisdiction is improper. Defendants Linea, Naviera, and Agencia all are Peruvian companies each with a principal place of business outside of Texas. Defendant Ravenscroft is a Florida corporation. Together, Defendants assert that their contacts with Texas are so limited as to justify dismissal pursuant to FED. R.CIV.P. 12(b)(2), on the grounds that this Court lacks personal jurisdiction over them.

In federal court, personal jurisdiction over a nonresident defendant is proper when: (1) the defendant is amenable to service of process under the forum state's long-arm statute, and (2) the exercise of personal jurisdiction over the defendant is consistent with due process. See Jones v. Petty-Ray Geophysical Geosource, Inc., 954 F.2d 1061, 1067 (5th Cir.1992). The Texas long-arm statute authorizes service of process on a nonresident defendant if the defendant is determined to be "doing business" in Texas. See TEX.CIV.PRAC. & REM.CODE ANN. § 17.042. Because the phrase "doing business" has been interpreted to reach as far as the United States Constitution permits, the jurisdictional inquiry under the Texas long-arm statute collapses into a single due process inquiry. See Ruston Gas Turbines, Inc. v. Donaldson Co., 9 F.3d 415, 418 (5th Cir.1993); Schlobohm v. Schapiro, 784 S.W.2d 355, 356-57 (Tex.1990).

Whether the exercise of personal jurisdiction over Defendant is consistent with the Due Process Clause of the United States Constitution likewise requires a two-pronged inquiry. First, the Court must conclude that Defendant has "minimum contacts" with Texas. See International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945). Second, the Court must determine that requiring Defendant to litigate in Texas does not offend "traditional notions of fair play and substantial justice." Id.; see also Wilson v. Belin, 20 F.3d 644, 647 (5th Cir.1994); Ruston, 9 F.3d at 418. The "minimum contacts" aspect of due process can be satisfied by either finding general jurisdiction or specific jurisdiction. See Wilson, 20 F.3d at 647. For general jurisdiction, the defendant's contacts with the foreign state must be both "continuous and systematic" and "substantial." See Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 417, 104 S.Ct. 1868, 1873, 80 L.Ed.2d 404 (1984); Villar, 990 F.2d at 1496. Plaintiffs, however, argue that this case turns on specific jurisdiction.

Specific jurisdiction exists over a non-resident defendant if the defendant has "`purposely directed' his activities at the residents of the forum, and the litigation results from alleged injuries that `arise from or relate to' those activities." Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474, 105 S.Ct. 2174, 2183, 85 L.Ed.2d 528 (1985). The critical inquiry for specific jurisdiction, therefore, concerns whether the defendant, by directing activities to the forum state, purposefully availed itself of the privilege of conducting activities within the forum state, thereby "invoking the benefit and protection of its laws." Burger King Corp., 471 U.S. at 475, 105 S.Ct. at 2182. Ultimately, the defendant's connection with the forum state must be of such a nature that the defendant should reasonably anticipate being haled into court in that state. See Holt Oil & Gas Corp. v. Harvey, 801 F.2d 773, 777 (5th Cir.1986). But a single contact with the forum state can be sufficient to support specific jurisdiction. See Ruston, 9 F.3d at 419. Moreover, the Court notes that although Plaintiff has the burden, he need only make a prima facie showing of jurisdiction, and his allegations in that regard are to be taken as true unless controverted; moreover, conflicts are to be resolved in Plaintiff's favor. See Asarco, Inc. v. Glenara, Ltd., 912 F.2d 784, 785 (5th Cir.1990).

1. Defendants' Contacts

Because Plaintiffs contend that this action arises out of contacts Defendants have had with the State of Texas, the Court must determine whether there exists a proper basis for concluding that specific jurisdiction attaches. Given that four different Defendants assert separate objections to personal jurisdiction, the Court evaluates their individual contacts with the Texas forum in turn.

a. Defendant Linea

Defendant Linea characterizes its contacts with the Texas forum as virtually nonexistent and alleges that this case is not governed by the specific jurisdiction standard. The Court disagrees. By evaluating the facts in a light most favorable to Plaintiffs, the Court finds that Plaintiffs' claims are in fact directly related to Defendant Linea's contacts with Texas, such that the specific jurisdiction prong has been satisfied.

For the Court, the critical consideration rests on deciding whether Defendant Linea purposefully availed itself to the benefits and protections of the Texas forum. When the M/V YACU RUNA, which, at the time, had been bareboat chartered by Defendant Linea, exploded one-hundred fifty miles off the coast of Galveston, the vessel was en route to the Port of Houston both to deliver a regular shipment of cargo to contracted customers in Texas and to on-load a separate shipment of Texas-based products — all pursuant to a bill of lading governed by American law.¹ In fact, the charter agreement between Defendants Linea and Naviera denotes Houston, Texas as a port or place of redelivery. See Pls.' Resp. to Defs. Naviera Yacu Runa, S.A.'s, Agencia Naviera Maynas, S.A.'s, and Ravenscroft Shipping, Inc.'s Mot. to Dismiss Ex. C. Therefore, at the time of their injuries, Plaintiffs were acting in furtherance of Defendant Linea's financial activities and contractual obligations in Houston. See Roth, 942 F.2d at 621 (noting that to satisfy the purposeful availment requirement, defendant must have performed some type of affirmative conduct which allows or promotes the transaction of business with the forum state).

Because Plaintiffs' claims have a direct causal relationship with the shipping activities Defendant Linea purposefully directed toward the Texas forum, the Court concludes that Texas may assert specific jurisdiction over Defendant Linea.² Put differently, "but for" Defendant Linea's contacts with customers in Texas, the M/V YACU RUNA would not have been steaming toward Texas, and Plaintiffs would...