Luciano v. SprayFoamPolymers.com, LLC

Frank and Helene Luciano (plaintiffs) hired Old World Cast Stone (Old World) (defendant) to install insulation in their Leander, Texas, home. Old World used a spray-foam insulation manufactured by SprayFoamPolymers.com, LLC (SprayFoam) (defendant). When the Lucianos moved into their new home, they noticed a strong odor and began experiencing headaches, coughs, and eye irritation. SprayFoam eventually sent a representative, Preston Nix, to inspect the home. The Lucianos ultimately sued Old World and SprayFoam in Texas state court, asserting various tort claims. SprayFoam argued that the court could not exercise personal jurisdiction over SprayFoam because SprayFoam had no purposeful contacts with Texas. SprayFoam was a Connecticut company with no Texas office, and all orders were processed at SprayFoam’s Connecticut headquarters. However, the Lucianos presented evidence that SprayFoam paid a third party to keep SprayFoam products at the third party’s Texas warehouse. Further, SprayFoam paid for and controlled the third party’s storage and delivery of those SprayFoam products. Evidence also showed that SprayFoam had used Nix as an independent-contractor sales representative, having him sell SprayFoam products in Texas. The Texas trial court therefore held that it had personal jurisdiction over SprayFoam. The Texas appellate court reversed, holding that SprayFoam did not have sufficient minimum contacts with Texas to support personal jurisdiction. The Lucianos appealed.