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Linkamerica Corp. v. Cox5/26/2005
FOR PUBLICATION
Case Summary
William and Connie Cox (collectively "the Coxes") sued Hi-Cube Express Ltd. ("Hi-Cube"), William's former employer, for breach of contract, personal injury , theft, and loss of consortium. The Coxes added LinkAmerica Corp. ("LinkAmerica") as a co-defendant because Hi-Cube is one of its subsidiaries. LinkAmerica appeals the trial court's denial of its Motion to Dismiss for Lack of Personal Jurisdiction. We find that both prongs of the personal jurisdiction test-compliance with this state's long-arm statute located in Indiana Trial Rule 4.4(A) and federal due process under the Fourteenth Amendment to the United States Constitution-have been satisfied. Consequently, we affirm the trial court.
Facts and Procedural History
In 2001, William, an Indiana resident, was an independent contractor who drove a truck for Hi-Cube, an Oklahoma corporation with its principal place of business in Tulsa, Oklahoma. Hi-Cube was admitted to do business in Indiana and, in fact, operated a place of business in Indianapolis. As part of their business arrangement, William and Hi-Cube entered into a "Contract and Sale Agreement" for a 1992 semi-tractor. Under the terms of the contract, William was required to operate his truck pursuant to a separate lease and operating agreement that was attached to the contract. In February 2002, William was five weeks ahead on his weekly payments under the contract. That same month, however, Joseph Hopkins III, acting as president of Hi-Cube, terminated the operating agreement with William because of William's being late. Once William had been terminated, Hopkins ordered that the 1992 semi-tractor be repossessed despite the fact that William had consistently been timely on his payments and, indeed, was ahead on making payments. Hi-Cube reasoned that because the contract and sale agreement called for William to operate the truck pursuant to the operating agreement that had been terminated, William was in breach of the contract and sale agreement. Hi-Cube ceased operations on December 31, 2002.
In 2002, the Coxes sued Hi-Cube for breach of contract, personal injury , theft, and loss of consortium. In 2003, the trial court granted the Coxes' motion for partial summary judgment on the issue of liability only as to the breach of contract and theft counts. Two weeks after the trial court's grant of partial summary judgment in their favor, the Coxes sought and were granted leave to amend their complaint and add LinkAmerica, an Oklahoma corporation with its principal place of business in Tulsa, Oklahoma, as a co-defendant on the basis that Hi-Cube was a wholly-owned subsidiary of LinkAmerica.
Shortly thereafter, LinkAmerica removed the case from the Marion Superior Court to the United States District Court for the Southern District of Indiana. In front of the District Court, LinkAmerica moved to dismiss the action on the grounds that the court lacked personal jurisdiction over LinkAmerica. The Coxes filed a motion to remand the action to the Marion Superior Court, and this motion was granted. In front of the Marion Superior Court, LinkAmerica filed a Motion to Dismiss for Lack of Personal Jurisdiction, which the court denied in a one sentence Order without findings of fact or conclusions of law. Pursuant to Indiana Rule of Appellate Procedure 14(B), LinkAmerica moved to certify the court's order, which the trial court granted. This Court accepted jurisdiction.
Discussion and Decision
The only issue presented by this interlocutory appeal is whether the Indiana trial court has personal jurisdiction over LinkAmerica. Personal jurisdiction is the court's power to bring a person into it
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