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Vogel v. Bellows-Blakely5/5/1999
Michael Jonathon Vogel, Philip Harrison Vogel, Betsy June Vogel, Lisa Vogel Haffner, and Cynthia R. Vogel (the Vogels) appeal the trial court's sustaining the special appearances filed by Dr. David S. Bellows-Blakely and Dr. Donald E. Rosen. The Vogels bring two points of error contending the trial court erred in sustaining the doctors' special appearances. We affirm the trial court's orders sustaining the special appearances.
FACTUAL BACKGROUND
David Vogel suffered from bi-polar II disorder, which results in depression. Vogel had tried to kill himself through taking an overdose of his medication on July 4, 1995. On July 23, 1995, Vogel sought mental-health treatment at the Menninger Clinic in Topeka, Kansas. After an initial evaluation upon entering the clinic, Vogel was assigned to Dr. Bellows-Blakely. Dr. Rosen became Vogel's treating physician when Dr. Bellows-Blakely was on vacation from August 8 to 18, 1995. Dr. Rosen prescribed lithium to treat Vogel. Dr. Rosen arranged for Vogel to visit his family in Dallas, and he gave Vogel a prescription for lithium so he could continue his medication while in Dallas. When he returned, Vogel told Dr. Rosen he had left his lithium in Dallas. Dr. Rosen gave Vogel a new prescription, but he did nothing about removing or destroying the lithium Vogel had left in Dallas. When Dr. Bellows-Blakely returned from vacation, he took over Vogel's treatment. Vogel left the Menninger Clinic on August 30, 1995 and returned to Dallas. Vogel asked Dr. Bellows-Blakely to recommend a physician in Dallas to continue his treatment, and Dr. Bellows-Blakely recommended Dr. Roskos. Either the Menninger Clinic or Dr. Bellows-Blakely sent Dr. Roskos copies of some of Vogel's medical records from the Menninger Clinic. Unfortunately, Dr. Bellows-Blakely did not tell Dr. Roskos about Vogel's high risk of attempting suicide or that Vogel had excess quantities of lithium in Dallas. On October 17, 1995, Vogel killed himself by taking an overdose of lithium.
The Vogel family sued Drs. Rosen and Bellows-Blakely, the Menninger Clinic, and Vogel's Texas doctors and their clinics. Drs. Rosen and Bellows-Blakely and the Menninger Clinic all filed special appearances asserting they lacked sufficient specific and general contacts with Texas for its courts to assert personal jurisdiction over them. The trial court sustained the doctors' special appearances but denied the clinic's special appearance.
The Vogel family brought this interlocutory appeal under section 51.014(a)(7) of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7) (Vernon Supp. 1999).
SPECIAL APPEARANCE
In their first and second points of error, the Vogels contend the trial court erred in sustaining the doctors' special appearances because sufficient evidence exists to justify the exercise of jurisdiction over the doctors.
A Texas court may exercise jurisdiction over a nonresident defendant if (1) the Texas long-arm statute authorizes the exercise of jurisdiction and (2) the exercise of jurisdiction is consistent with federal guarantees of due process. See Tex. Civ. Prac. & Rem. Code Ann. § 17.041-045 (Vernon 1997); Schlobohm v. Schapiro, 784 S.W.2d 355, 356 (Tex. 1990); Temperature Sys., Inc. v. Bill Pepper, Inc., 854 S.W.2d 669, 674 (Tex. App._Dallas 1993, writ dism'd by agr.). The Texas long-arm statute authorizes the exercise of jurisdiction over a nonresident that does business in Texas. See Tex. Civ. Prac. & Rem. Code Ann. § 17.042 (Vernon 1997); Guardian Royal Exch. Assur., Ltd. v. English China Clays, P.L.C., 815 S.W.2d 223, 226 (Tex. 1991). In addition to other acts that may cons
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