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COA affirms dismissal for lack of personal jurisdiction

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The Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business from a lawsuit filed here.

In John V. Sebring v. Air Equipment and Engineering, Inc., Donaldson Co., Inc., William W. Meyer and Sons, Inc., Newton Conveyors, Inc. and Emerson Power Transmission Corp.,
02A05-1211-PL-566, John Sebring sued several companies, including Newton Conveyors Inc., after the dust collector he used at work at OmniSource in Fort Wayne severely injured several of his fingers. NCI, a Texas company that has its sole place of business in that state, made the screw conveyor that Donaldson Co. Inc. used to make the dust collector. Donaldson is incorporated under the laws of Delaware and has a plant in Kentucky.

NCI argued for dismissal because it doesn’t have any employees or facilities in Indiana, has not advertised in the state since 1993, has not had any sales reps in the area since 2003 and doesn’t have any ongoing business relationships with any Indiana residents.

As part of their analysis, the judges looked at the shipping process of the part, in which Donaldson arranged for and paid for it to be picked up in Texas and sent to Fort Wayne. They also cited several cases, including J. McIntyre Machinery Ltd v. Nicastro, 131 S. Ct. 2780 (2011), to affirm the dismissal of NCI for lack of personal jurisdiction.

“… all of NCI’s actions relating to this case took place within Texas, the decision to ship the product to Indiana was made by Donaldson, and Donaldson took responsibility for sending the product to Indiana. We cannot agree that NCI did 'something more' than placing the screw conveyor in the stream of commerce,” Judge Terry Crone wrote.

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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