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Ford Motor Company v. Maria Cruz Lopez, Individually and as Representative of David Torres Cruz, an Incapacitated Adult
13-19-00480-CV
| Tex. App. | Aug 31, 2021
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Background

  • Collision in Brownsville, Texas: Lopez (driver) and her son Cruz (passenger) were injured; Cruz became permanently incapacitated.
  • Vehicle: 2009 Ford Escape at issue; Ford presented evidence it was designed in Michigan, assembled in Missouri, and originally sold in Mexico.
  • Claims: Lopez sued Ford for negligence, breach of warranty, strict product liability, and design/manufacturing/marketing defects (alleging rear-seat restraint design caused injuries).
  • Ford’s special appearance: argued no Texas jurisdiction (not incorporated/PPB in Texas; Escape not designed/manufactured/sold in Texas; only connection was plaintiffs driving into Texas).
  • Jurisdictional discovery: showed Ford markets and sells Escapes in Texas (sales/service centers, dealers, employees, advertising; 9,574 2009 Escapes sold in Texas).
  • Procedural posture and result: Trial court denied Ford’s special appearance; court of appeals affirmed, relying on Ford Motor Co. v. Montana and Texas precedent that serving a state market can supply specific jurisdiction even if the specific vehicle wasn’t sold/designed there.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Texas has specific personal jurisdiction over Ford Lopez: Ford purposefully availed itself of Texas by serving the Texas market for Escapes; plaintiff’s injury occurred in Texas, so suit relates to Ford’s Texas contacts Ford: vehicle was designed/assembled/sold outside Texas; plaintiffs’ claims do not arise out of or relate to Ford’s Texas contacts; plaintiffs are nonresidents Court: Specific jurisdiction exists—Ford served the Texas market for the type of vehicle that injured plaintiffs in Texas; nonresidency of plaintiffs does not defeat jurisdiction

Key Cases Cited

  • Ford Motor Co. v. Montana Eighth Judicial Dist. Court, 141 S. Ct. 1017 (2021) (held that serving a state market can establish specific jurisdiction under the "arise out of or relate to" standard even if the particular product was not designed or first sold there)
  • Luciano v. SprayFoamPolymers.com, LLC, 625 S.W.3d 1 (Tex. 2021) (applies Ford Motor Co.; relatedness satisfied where defendant served the forum market for the product that caused injury)
  • Int'l Shoe Co. v. Washington, 326 U.S. 310 (1945) (established minimum-contacts due-process framework for personal jurisdiction)
  • Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (clarified ‘‘arise out of or relate to’’ requirement and limits on asserting jurisdiction over nonresident plaintiffs)
  • World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980) (paradigm for specific jurisdiction where manufacturer/ nationwide distributor purposely serve a forum market)
  • Walden v. Fiore, 571 U.S. 277 (2014) (contacts analysis is defendant-focused; plaintiff’s forum contacts alone insufficient for jurisdiction)
Read the full case

Case Details

Case Name: Ford Motor Company v. Maria Cruz Lopez, Individually and as Representative of David Torres Cruz, an Incapacitated Adult
Court Name: Court of Appeals of Texas
Date Published: Aug 31, 2021
Docket Number: 13-19-00480-CV
Court Abbreviation: Tex. App.