An Arkansas woman can sue a Louisiana business in an Arkansas court because the business advertised here, the Arkansas Court of Appeals ruled in an opinion released Wednesday.
Carolyn Lawson, an Ashley County resident, can sue Simmons Sporting Goods Inc., of Bastrop, La., in Ashley County Circuit Court for damages after she fell on a rug in the store's foyer and broke an arm. The case will return to Circuit Court.
Bastrop is in northeast Louisiana, within 30 miles of Ashley County.
Attorneys for Simmons Sporting Goods asked that Lawson's case be dismissed, arguing that they were not subject to the Arkansas court's jurisdiction.
After a hearing on the motion, Ashley County Circuit Judge Don Glover dismissed the case. Lawson appealed.
Appeals Court Judge Mike Murphy wrote that Lawson had to establish enough contact with Simmons Sporting Goods in her case to establish specific jurisdiction.
Lawson went to Simmons Sporting Goods on Aug. 3, 2013, not necessarily because of a specific advertisement, although she had been aware of the store's advertisements. Lawson said she went to the store that day because her daughter wanted to attend the "Annual Tent Sale" event that she had learned of by "word of mouth," the ruling notes.
"Simmons ultimately reached its goal of having Arkansas shoppers patronize the store," Murphy wrote.
Simmons Sporting Goods printed and distributed catalogs in Arkansas and advertised in Arkansas newspapers and on Arkansas television stations from 2012 to 2015, the ruling notes. While the lawsuit addresses an injury that took place in Louisiana and is not directly connected to advertisements, Murphy wrote, Lawson need only prove that Simmons Sporting Goods was connected to Ashley County.
"The proper question is not where the plaintiff experienced a particular injury or effect, but whether the defendant's conduct connects him to the forum in a meaningful way," Murphy wrote.
Court of Appeals Judges Ray Abramson and David Glover signed on in agreement of Murphy's majority opinion.
Metro on 01/28/2017