Filing a claim in one state rather than another may have a number of benefits for a Texas plaintiff, including convenience and more favorable laws. In a recent Texas Supreme Court decision, the court explained why a case arising from an accidental death in Mississippi could be filed in Texas.
In that case, a man was killed while he was repairing his tractor at his house in Mississippi. The tractor was sold in Mississippi, and the accident occurred in Mississippi, but the man’s son lived in Texas and filed a negligence and product liability claim against the tractor company in Texas. The company moved to dismiss the claim based on forum non conveniens. The company argued that Mississippi was a more convenient and appropriate forum to have the claim heard. The man’s estate was there, and there were other connections to the accident there, since the man lived in Mississippi, bought the tractor in Mississippi, and died in Mississippi.
Forum Non Conveniens
Forum non conveniens allows a court to decline jurisdiction if another more suitable forum exists that is more just and convenient. Under Texas Civil Practice and Remedies Code § 71.051, a court can decline to exercise jurisdiction under the doctrine of forum non conveniens if it is “in the interest of justice and for the convenience of the parties.”