Suing Boat Collision (In Another State) Damages In Texas

In Conner v. ContiCarriers & Terminals, Inc., 944 S.W.2d 405 (Tex. App.--Houston [14th Dist.] 1997, no writ), a Louisiana resident, was injured in a boat collision on Mississippi waters. Id. at 409. Conner was an employee of the boat's operator, ContiCarriers. Id. ContiCarriers was authorized to do business in, had a designated agent for service in, and filed franchise taxes in Texas, but had no assets, headquarters, accounts, or advertisements there; it had one Texas employee; it was once sued in Texas; of its 500 to 600 barges operated annually, only 10 to 12 "ended up" in Texas at customers' request, because Texas was never the original destination of its barges; its barge business in Texas generated less than one fourth of one percent of ContiCarriers's total revenue over two years; and ContiCarriers often refused requests to take barges to Texas because it did not "do business" there and had nothing to haul back. Conner, 944 S.W.2d at 417-18. Conner and his wife sued ContiCarriers, its parent, and the operator of the other vessel in Texas for Conner's personal injuries. Id. at 409. The trial judge granted ContiCarriers's special appearance, and the court of appeals affirmed. Id. at 409, 420.