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Plaintiff respectfully moves the Court to take judicial notice of and to apply New
Mexico substantive law in this litigation, as dictated by the most significant relationship
This litigation arises from an incident on an oil well drilling site in May 2019 in
Artesia, New Mexico. As Plaintiff was on the rig platform, a pipe came up, smashed into
the grating, and caused Plaintiff to fly into the air. The fall caused Plaintiff serious injuries,
including torn ligaments and bone fractures. Defendant Grizzly Operating was in charge
of the site, and its personnel failed to ensure that (including the subject
wellhead and its component parts) at the site was properly maintained, repaired,
serviced, and/or inspected. Defendant Grizzly is headquartered in Texas, and Plaintiff
Plaintiff pleaded in his Original Petition and in his live pleading that New Mexico
Plaintiff's Motion for Judicial Notice of and to Apply New Mexico Law
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APPLICABLE LAW & ARGUMENT
To determine which state’s law applies, Texas courts apply the “most significant
relationship” test from the Restatement. See Torrington v. Stutzman, 46 S.W.3d 829, 848
(Tex. 2000); Gutierrez v. Collins, 583 S.W.2d 312, 318 (Tex. 1979); ee also Restatement
(Second) Conflict of Laws §§ 6, 145. Texas courts thus consider the factors in section 6 and
the contacts in section 145. Torrington, 46 S.W.3d at 848. More precisely, “[w]hile Section
6 ‘sets out the general principles by which the more specific rules are to be applied,’
Section 145 provides a more specific rule applicable to a tort case.” Liberty Mut. Ins. Co. v.
Transit Mix Concrete & Mat. Co., No. 06 CV, 2013 WL 2239026, “5 (Tex. App.
Texarkana June 28, 2013, pet. denied) (mem. op.) (quoting Gutierrez v. Collins, 583 S.W.2d
(Tex.
The section 6 factors are: (1) the needs of the interstate and international systems;
(2) the relevant policies of the forum; (3) the relevant policies of other interested states
and the relative interests of those states in the determination of the particular issue; (4)
the protection of justified expectations; (5) the basic policies underlying the particular
field of law; (6) certainty, predictability and uniformity of result; and (7) ease in the
determination and application of the law to be applied. Restatement (Second) Conflict of
Laws § 6.
Section 145 outlines specific contacts to consider in tort actions, including: (1) the
place where the injury occurred; (2) the place where the conduct causing the injury
occurred; (3) the domicile, residence, nationality, place of incorporation, and place of
business of the parties; and (4) the place where the relationship, if any, between the
parties is centered. Restatement (Second) Conflict of Laws § 145.
In personal injury litigation, Section 146 indicates that the “the place of the injury
Plaintiff's Motion for Judicial Notice of and to Apply New Mexico Law
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and the conduct causing the injury are quite important factors Liberty Mut. Ins. Co.
v. Transit Mix Concrete & Mat. Co., No. 06 CV, 2013 WL 2239026, “6 (Tex. App.
Texarkana June 28, 2013, pet. denied) (mem. op.) Restatement (Second) Conflict of Laws
§ 146; Restatement (Second) Conflict of Laws § 145 cmt. e (“When the injury
occurred in a single, clearly ascertainable state and when the conduct which caused the
injury also occurred there, that state will usually be the state of the applicable law with
respect to most issues involving the tort. In fact, “a [t]he applicable law will usually be
the local law of the state where the injury occurred.’”” O’Neal v. Bumbo Intern. Trust, 959 F.
Supp. 2d 972, 976 (S.D. Tex. 2013) (quoting Restatement (Second) of Conflicts § 156(2)).
Here, the incident and Plaintiff's injuries occurred in New Mexico, Plaintiff’s home
state. The agreement between Defendant Grizzly and Plaintiff's employer Totem Well
Service contemplated work being performed in New Mexico. Exhibit A at { 10. In fact,
Defendant Grizzly was in charge of the well site as the registered operator of record in
New Mexico and its personnel controlled operations on the well site in New Mexico
where Plaintiff was injured. Exhibit B (2020 14 Def Resp to ROG) at ROG 1, 3 Exhibit
at Pages 76 (Corp. Rep Deposition of Martin Bloodworth) And Plaintiff properly
provided notice that New Mexico’s law applies by stating so in his pleadings. Tex. R.
Evid. 203. All of the Section 145 factors point toward New Mexico as having the most
significant relationship. New Mexico law should apply.
Ill.
CONCLUSION & PRAYER
Plaintiff respectfully prays that Plaintiff's claims against Defendant be governed
by and decided under the substantive law of the State of New Mexico and further prays
for such other relief to which he may be entitled.
Plaintiff's Motion for Judicial Notice of and to Apply New Mexico Law
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Respectfully submitted,
By:
Todd A. Hunter, Jr.
State Bar No. 24087774
Todd@lileswhite.com
Stuart R. White
State Bar No. 24075268
stuart@lileswhite.com
Kevin W. Liles
State Bar No. 00798329
kevin@lileswhite.com
LILES WHITE PLLC
500 N. Water St., Suite 800
Corpus Christi, TX 78401
Tel: 361.826.0100
Fax: 361.826.0101
Counsel for Plaintiff
Filing Notifications and Electronic
Service: Efiling@LilesWhite.com
Juan Reyna
State Bar No. 24027649
Reyna Injury Lawyers, P.C.
Principle Office
S. Staples, Ste. 114
Corpus Christi, Texas
Tel:
Fax:
jr@jreynalawfirm.com
www.reynainjurylaw.com
Counsel for Plaintiff
Plaintiff's Motion for Judicial Notice of and to Apply New Mexico Law
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CERTIFICATE OF SERVICE
The undersigned attorney certifies that a true and correct copy of the foregoing
instrument was forwarded to all counsel of record, as listed below, by the method of
service indicated, on this day of
Via E Service
Keith Taunton
ktaunton@tsplaw.com
Mary Holmesly
mholmesly@tsplaw.com
Taunton, Snyder & Parish, P.C.
777 North Eldridge Parkway, Suite 450 Houston, TX 77079
Telephone: (713) 961
Facsimile: (713) 993
Attorney for Defendants
Grizzly Operating, LLC, d/b/a Grizzly Operating of
Delaware, LLC ffk/a Vanguard Operating, LLC
Counsel for Defendants
By:
Todd A. Hunter, Jr.
Plaintiff's Motion for Judicial Notice of and to Apply New Mexico Law
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Preview
Plaintiff respectfully moves the Court to take judicial notice of and to apply New Mexico substantive law in this litigation, as dictated by the most significant relationship This litigation arises from an incident on an oil well drilling site in May 2019 in Artesia, New Mexico. As Plaintiff was on the rig platform, a pipe came up, smashed into the grating, and caused Plaintiff to fly into the air. The fall caused Plaintiff serious injuries, including torn ligaments and bone fractures. Defendant Grizzly Operating was in charge of the site, and its personnel failed to ensure that (including the subject wellhead and its component parts) at the site was properly maintained, repaired, serviced, and/or inspected. Defendant Grizzly is headquartered in Texas, and Plaintiff Plaintiff pleaded in his Original Petition and in his live pleading that New Mexico Plaintiff's Motion for Judicial Notice of and to Apply New Mexico Law Page APPLICABLE LAW & ARGUMENT To determine which state’s law applies, Texas courts apply the “most significant relationship” test from the Restatement. See Torrington v. Stutzman, 46 S.W.3d 829, 848 (Tex. 2000); Gutierrez v. Collins, 583 S.W.2d 312, 318 (Tex. 1979); ee also Restatement (Second) Conflict of Laws §§ 6, 145. Texas courts thus consider the factors in section 6 and the contacts in section 145. Torrington, 46 S.W.3d at 848. More precisely, “[w]hile Section 6 ‘sets out the general principles by which the more specific rules are to be applied,’ Section 145 provides a more specific rule applicable to a tort case.” Liberty Mut. Ins. Co. v. Transit Mix Concrete & Mat. Co., No. 06 CV, 2013 WL 2239026, “5 (Tex. App. Texarkana June 28, 2013, pet. denied) (mem. op.) (quoting Gutierrez v. Collins, 583 S.W.2d (Tex. The section 6 factors are: (1) the needs of the interstate and international systems; (2) the relevant policies of the forum; (3) the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue; (4) the protection of justified expectations; (5) the basic policies underlying the particular field of law; (6) certainty, predictability and uniformity of result; and (7) ease in the determination and application of the law to be applied. Restatement (Second) Conflict of Laws § 6. Section 145 outlines specific contacts to consider in tort actions, including: (1) the place where the injury occurred; (2) the place where the conduct causing the injury occurred; (3) the domicile, residence, nationality, place of incorporation, and place of business of the parties; and (4) the place where the relationship, if any, between the parties is centered. Restatement (Second) Conflict of Laws § 145. In personal injury litigation, Section 146 indicates that the “the place of the injury Plaintiff's Motion for Judicial Notice of and to Apply New Mexico Law Page and the conduct causing the injury are quite important factors Liberty Mut. Ins. Co. v. Transit Mix Concrete & Mat. Co., No. 06 CV, 2013 WL 2239026, “6 (Tex. App. Texarkana June 28, 2013, pet. denied) (mem. op.) Restatement (Second) Conflict of Laws § 146; Restatement (Second) Conflict of Laws § 145 cmt. e (“When the injury occurred in a single, clearly ascertainable state and when the conduct which caused the injury also occurred there, that state will usually be the state of the applicable law with respect to most issues involving the tort. In fact, “a [t]he applicable law will usually be the local law of the state where the injury occurred.’”” O’Neal v. Bumbo Intern. Trust, 959 F. Supp. 2d 972, 976 (S.D. Tex. 2013) (quoting Restatement (Second) of Conflicts § 156(2)). Here, the incident and Plaintiff's injuries occurred in New Mexico, Plaintiff’s home state. The agreement between Defendant Grizzly and Plaintiff's employer Totem Well Service contemplated work being performed in New Mexico. Exhibit A at { 10. In fact, Defendant Grizzly was in charge of the well site as the registered operator of record in New Mexico and its personnel controlled operations on the well site in New Mexico where Plaintiff was injured. Exhibit B (2020 14 Def Resp to ROG) at ROG 1, 3 Exhibit at Pages 76 (Corp. Rep Deposition of Martin Bloodworth) And Plaintiff properly provided notice that New Mexico’s law applies by stating so in his pleadings. Tex. R. Evid. 203. All of the Section 145 factors point toward New Mexico as having the most significant relationship. New Mexico law should apply. Ill. CONCLUSION & PRAYER Plaintiff respectfully prays that Plaintiff's claims against Defendant be governed by and decided under the substantive law of the State of New Mexico and further prays for such other relief to which he may be entitled. Plaintiff's Motion for Judicial Notice of and to Apply New Mexico Law Page Respectfully submitted, By: Todd A. Hunter, Jr. State Bar No. 24087774 Todd@lileswhite.com Stuart R. White State Bar No. 24075268 stuart@lileswhite.com Kevin W. Liles State Bar No. 00798329 kevin@lileswhite.com LILES WHITE PLLC 500 N. Water St., Suite 800 Corpus Christi, TX 78401 Tel: 361.826.0100 Fax: 361.826.0101 Counsel for Plaintiff Filing Notifications and Electronic Service: Efiling@LilesWhite.com Juan Reyna State Bar No. 24027649 Reyna Injury Lawyers, P.C. Principle Office S. Staples, Ste. 114 Corpus Christi, Texas Tel: Fax: jr@jreynalawfirm.com www.reynainjurylaw.com Counsel for Plaintiff Plaintiff's Motion for Judicial Notice of and to Apply New Mexico Law Page CERTIFICATE OF SERVICE The undersigned attorney certifies that a true and correct copy of the foregoing instrument was forwarded to all counsel of record, as listed below, by the method of service indicated, on this day of Via E Service Keith Taunton ktaunton@tsplaw.com Mary Holmesly mholmesly@tsplaw.com Taunton, Snyder & Parish, P.C. 777 North Eldridge Parkway, Suite 450 Houston, TX 77079 Telephone: (713) 961 Facsimile: (713) 993 Attorney for Defendants Grizzly Operating, LLC, d/b/a Grizzly Operating of Delaware, LLC ffk/a Vanguard Operating, LLC Counsel for Defendants By: Todd A. Hunter, Jr. Plaintiff's Motion for Judicial Notice of and to Apply New Mexico Law Page