Opinion
NO. 2019 CW 1453
03-04-2020
MITCHEL SHANNAN POOLE, INDIVIDUALLY AND ON BEHALF OF RACHAEL NICHOLE POOLE, DECEASED v. THOR INDUSTRIES, INC., DUTCHMEN MANUFACTURING INC., RICK'S RV SALES, INC., APRIL DOSRAMOS AND JOSHUA DOSRAMOS
In Re: Furrion, LLC, applying for supervisory writs, 18th Judicial District Court, Parish of Pointe Coupee, No. 47903. BEFORE: WHIPPLE, C.J., GUIDRY, HIGGINBOTHAM, THERIOT AND BURRIS, JJ.
Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court. --------
WRIT GRANTED. The trial court's August 27, 2019 judgment denying relator, Furrion, LLC's exception of lack of personal jurisdiction is reversed. The respondent, Keystone RV Company, failed to establish that the relator had minimum contacts with the forum such that it purposefully availed itself of the privilege of conducting activities within the forum. Ruckstuhl v. Owens Corning Fiberglas Corp., 98-1126 (La. 4/13/99), 731 So.2d 881, cert. denied, 528 U.S. 1019, 120 S.Ct. 526, 145 L.Ed.2d 407 (1999). The relator's exception of lack of personal jurisdiction is granted, and the claims of Keystone RV Company against Furrion, LLC are dismissed without prejudice.
JMG
TMH
WJB
Whipple, C.J., dissents and would deny the writ on the basis that there is outstanding discovey related to the issue of personal jurisdiction.
Theriot, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT