Moki Mac River Expeditions v. Drugg
Texas Supreme Court
221 S.W.3d 569 (2007)
- Written by Mary Phelan D'Isa, JD
Facts
The Druggs, Texas citizens, (plaintiffs) sued nonresident Moki Mac River Expeditions (defendant) in Texas for the wrongful death of the Druggs’ 13-year-old son, who died when hiking on a Mokiriver rafting trip in Arizona. The Druggs booked the excursion after learning about Moki from a friend. Moki’s Texas contacts included mass and targeted direct-marketing email campaigns and regular channels of communication with its Texas customers and sending a trip-confirmation letter and risk-release form to the Druggs in Texas. The lower courts found that Moki was subject to specific personal jurisdiction in Texas. Moki appealed and argued that the Druggs’ claim that Moki’s services did not meet the standards it represented to the Druggs in Texas did not provide a sufficient nexus to Andy’s death on a hiking trail in Arizona such that the wrongful-death claim could be said to have arisen out of or been related to Moki’s Texas commercial activities.
Rule of Law
Issue
Holding and Reasoning (O’Neill, J.)
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