Enterprise Products Partners, L.P. v. Mitchell
340 S.W.3d 476
| Tex. App. | 2011Background
- Explosion of a Dixie-provided liquid propane pipeline in Mississippi; two fatalities, multiple injuries, and property damage litigation ensued in Harris County, Texas.
- Dixie and Enterprise, Delaware corporations with Texas principal places of business, sought application of Mississippi law to compensatory damages under Restatement conflicts principles.
- Trial court held Texas law governs recoverable compensatory damages for all wrongful death and personal injury claims; interlocutory order certified for appeal.
- Plaintiffs, Mississippi residents, contended Texas law should not apply due to Mississippi's damages cap for noneconomic damages.
- Defendants argued Mississippi law should apply under Mississippi's interest in remedies and the cap; plaintiffs argued Texas law should apply due to center of operations and tort conduct in Texas.
- The appellate court concluded Texas law governs compensatory damages, affirming the trial court’s interlocutory order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which state's law governs compensatory damages? | Mississippi law; residents deserve cap protection. | Texas law; conduct and operations centered in Texas, forum state policy. | Texas law governs compensatory damages. |
Key Cases Cited
- Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex.2000) (presumption favoring injury-state law; forum interest weighs)
- Minnesota Mining & Mfg. Co. v. Nishika Ltd., 955 S.W.2d 853 (Tex.1996) (de novo review of choice-of-law; most significant relationship)
- Duncan v. Cessna Aircraft Co., 665 S.W.2d 414 (Tex.1984) (rejects using injury location alone for choice of law)
- Hughes Wood Prods., Inc. v. Wagner, 18 S.W.3d 202 (Tex.2000) (applies Restatement §145 factors; most significant relationship)