HOUSTON – Two out-of-state defendants in a lawsuit brought after a vape battery exploded and injured its user recently had a denial of their special appearances affirmed on appeal.
In January 2019, Tommy Morgan sued LGC America, a Delaware company, and LG Chem, a South Korean company, alleging that a lithium-ion 18650 battery used in an e-cigarette “exploded and caught fire” while in his pants pocket, causing him severe burns.
Court records show the defendants filed special appearances motions, arguing they lack minimum contacts in Texas for Texas courts to have jurisdiction over them.
The trial court denied their motions and an appeal ensued.
On Dec. 15, the First Court of Appeals found LGC America purposefully availed itself to the benefits and privileges of Texas laws and that Morgan’s claims arise to the company’s forum contacts.
“Morgan relies on LGC America’s own contacts with Texas by marketing, selling, and distributing LGC’s batteries to customers in Texas, which is additional conduct beyond placing a product into the stream of commerce that indicates LGC America’s intent to serve the Texas market,” the opinion states.
“Therefore, we conclude that LGC America purposefully availed itself of the privilege of conducting activities in Texas, thus invoking the benefits and protections of Texas laws.”
Case No. 01-19-00665-CV