NUMBER 13-22-00176-CV

COURT OF APPEALS 

THIRTEENTH DISTRICT OF TEXAS 

CORPUS CHRISTI – EDINBURG 

 

HYUNDAM INDUSTRIAL

COMPANY, LTD., Appellant,

v.

PAUL SWACINA, AS SUCCESSOR

GUARDIAN OF THE PERSON AND

ESTATE OF JOHARI KIBIBI POWELL,

AN INCAPACITATED PERSON, AND 

PAUL SWACINA AS NEXT FRIEND OF

D.A.P., D.A.C., AND D.A.C., MINOR CHILDREN, Appellees. 

 

On appeal from the County Court at Law No. 1 

of Nueces County, Texas.

 

OPINION

Before Chief Justice Contreras and Justices Benavides and Longoria

Opinion by Justice Longoria
2

Appellant Hyundam Industrial Co., Ltd. (Hyundam) appeals the trial court’s order 

denying its second amended special appearance. Appellees Paul Swacina, as successor 

guardian of the person and estate of Johari Kibibi Powell, an incapacitated adult, and

Paul Swacina as next friend of D.A.P., D.A.C., and D.A.C., minor children (collectively 

Swacina), sued Hyundam and others, alleging various causes of action after Powell was 

injured in an accident while driving a 2009 Hyundai Elantra. Hyundam argues that the trial 

court erred in denying its special appearance because: (1) Swacina’s pleadings failed to 

allege jurisdictional facts sufficient to support general or specific jurisdiction, (2) the 

evidence was insufficient to support a finding of either general or specific jurisdiction, and 

(3) the exercise of jurisdiction over Hyundam would offend traditional notions of fair play 

and substantial justice. We affirm.

I. BACKGROUND1

According to Swacina’s fifth amended petition, Powell was driving a 2009 Hyundai 

Elantra in Nueces County, Texas, which stalled in the center lane of traffic due to a fuel 

pump failure. Another vehicle collided into the rear of the Elantra, causing Powell to suffer 

serious, permanent, and disabling physical and psychological injuries, and causing

Powell’s children to suffer a loss of parental consortium. Swacina, on behalf of Powell 

and her children, sued Hyundam in Texas, alleging theories of negligence, gross 

negligence, misrepresentation, as well as design, manufacturing, and marketing defects, 

among other claims. Specifically, Swacina claimed that the fuel pump in the Elantra was 

designed, manufactured, marketed, assembled, and tested by Hyundam, and that failure 

1 As this case involves numerous and voluminous filings by the parties, we summarize only the 

facts pertinent to the disposition of this appeal.
3

of the fuel pump was a proximate cause of Powell and her children’s injuries.2

In its second amended special appearance, Hyundam argued that it was not 

subject to general or specific personal jurisdiction in Texas. Hyundam attached an 

affidavit by Jinwook Chang, a managing director of the “Technical R&D Center” at 

Hyundam. Chang’s affidavit established that Hyundam is a South Korean automobile 

component part manufacturer headquartered in Asan, South Korea, that designed and 

manufactured fuel pumps for the 2009 Hyundai Elantra for Hyundai Motor Company 

(Hyundai), a South Korean automobile manufacturer. According to Chang, Hyundam has 

no offices, manufacturing facilities, officers, directors, employees, agents, 

representatives, salespeople, distributers, or customers in Texas. Hyundam also has no 

registered agent for service of process in Texas. Hyundam’s fuel pumps were designed 

and manufactured at its facilities in South Korea. Donghee Industries, Co. (Donghee), a 

South Korean fuel tank system manufacturer, purchased more than ninety-nine percent 

of Hyundam’s fuel pumps. Donghee incorporated Hyundam’s fuel pumps into its fuel tank 

systems, which were then sold and delivered to Hyundai in South Korea. Hyundam sold 

less than one percent of its fuel pumps to Hyundai Mobis Co. Ltd. (Mobis), a wholesaler 

and distributor of service parts to Hyundai dealers, globally.

According to Chang, once the fuel pumps left the manufacturing facility, Hyundam

had no further involvement in the design, manufacture, installation, or assembly of the 

fuel tank system or any other component of the 2009 Hyundai Elantra. Chang attested 

that Hyundam had no say or involvement in Mobis’s determination of where any service 

2 Swacina’s petition also named nine other defendants in the suit, two of which are Texas residents. 

None of these nine other named defendants are a party to this appeal.
4

parts were distributed. Chang further attested that Hyundam had no control over where 

any vehicle containing its fuel pumps were “shipped, distributed, sold, and/or re-sold,” 

and that Hyundam did not advertise, design, market, export, sell, or supply any products 

in Texas.

Hyundam also attached evidence demonstrating that the 2009 Hyundai Elantra 

involved in this case was originally purchased and registered in Louisiana in 2009, and 

was subsequently registered in Texas in 2015. In its special appearance, Hyundam

argued, among other things, that the fact that the vehicle “made its way to a Texas owner” 

in this case was an attenuated contact with Texas and did not support personal 

jurisdiction. Hyundam also maintained that it “did not direct any component part or take 

any action specifically toward Texas at any time,” “never purposefully availed itself of the 

privilege of transacting business in Texas,” and “never attempted to serve the Texas 

market, specifically or generally, either directly or indirectly through agents or 

representatives.”

Swacina filed a response to Hyundam’s special appearance, arguing that the trial 

court had specific jurisdiction over Hyundam because its contacts with Texas 

demonstrated “purposeful availment” of the privilege of doing business in the state. See 

Moki Mac River Expeditions v. Drugg, 221 S.W.3d 569, 575 (Tex. 2007).3 Swacina 

argued that Hyundam placed the fuel pumps into the stream of commerce directly and 

indirectly through Hyundai, and that Hyundam engaged in additional conduct indicating it 

3 Swacina did not argue that Hyundam’s contacts with Texas were continuous and systematic so 

as to constitute general jurisdiction. See M & F Worldwide Corp. v. Pepsi-Cola Metro. Bottling Co., 512 

S.W.3d 878, 885 (Tex. 2017) (noting that general jurisdiction is established when a defendant’s contacts 

with the state “are so ‘continuous and systematic’ as to render [it] essentially at home in the forum State”).
5

intended to serve the Texas market. Swacina attached evidence to his response which 

he claimed established that: (1) Hyundam had an English language website accessible 

in Texas; (2) Hyundam knew that Hyundai vehicles containing their fuel pumps were sold 

in the United States, including Texas; (3) Hyundam had a business relationship with and 

sold its fuel pumps to Mobis, which provided Hyundam’s fuel pumps to Hyundai dealers 

globally, including Texas, as after-sale service parts; (4) Hyundai sold over 97,000 

Elantras containing Hyundam’s fuel pumps in the United States in 2009; (5) Hyundam’s 

fuel pumps for a 2009 Hyundai Elantra are readily available for purchase through Hyundai 

dealerships in Texas; and (6) Hyundam was a “settling defendant” in a national class 

action lawsuit concerning its parts pricing.

On the same day, Swacina also filed a motion raising various objections to Chang’s 

affidavit and requesting the trial court to strike it. Among other things, Swacina argued 

that Chang’s affidavit was not based on personal knowledge. Hyundam later filed a 

response to Swacina’s motion, and the trial court signed an order overruling Swacina’s 

objections to Chang’s affidavit and denying Swacina’s request to strike. Hyundam then 

filed its reply to Swacina’s response to its special appearance.

The trial court held a hearing on Hyundam’s special appearance on March 1, 2022. 

After arguments from the parties, the trial court pronounced that it was going to deny the 

special appearance. The trial court signed an order denying Hyundam’s special 

appearance on March 28, 2022. This interlocutory appeal ensued. See TEX. CIV. PRAC. &

REM. CODE ANN. § 51.014(a)(7).
6

II. PERSONAL JURISDICTION

A. Standard of Review & Applicable Law

“Whether a trial court has personal jurisdiction over a nonresident defendant is a 

question of law that we review de novo.” Old Republic Nat’l Title Ins. v. Bell, 549 S.W.3d 

550, 558 (Tex. 2018) (cleaned up). When, as here, a trial court does not issue findings of 

fact and conclusions of law with its ruling on a special appearance, we imply all relevant 

facts necessary to support the judgment that are supported by evidence. Id.

Texas courts may exercise personal 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 and state constitutional due-process guarantees. 

Id. The Texas long-arm statute is satisfied if the nonresident defendant “does business” 

in this State. PHC-Minden, L.P. v. Kimberly-Clark Corp., 235 S.W.3d 163, 166 (Tex. 

2007); see TEX. CIV. PRAC. & REM. CODE ANN. § 17.042. The statute’s “broad language” 

extends Texas courts’ personal jurisdiction “as far as the federal constitutional 

requirements of due process will permit.” PHC-Minden, 235 S.W.3d at 166. Therefore, 

“the requirements of the Texas long-arm statute are satisfied if the exercise of personal 

jurisdiction comports with federal due process limitations.” CSR Ltd. v. Link, 925 S.W.2d 

591, 594 (Tex. 1996). The Texas long-arm statute is also satisfied if, “[i]n addition to other 

acts that may constitute doing business,” a nonresident “commits a tort in whole or in part 

in this state.” TEX. CIV. PRAC. & REM. CODE ANN. § 17.042. “However, allegations that a 

tort was committed in Texas do not necessarily satisfy the United States Constitution.” 

Bell, 549 S.W.3d at 559.
7

“[F]ederal due process requires that the nonresident must have ‘certain minimum 

contacts with [the forum state] such that the maintenance of the suit does not offend 

“traditional notions of fair play and substantial justice.”’” Id. (quoting Int’l Shoe Co. v. 

Washington, 326 U.S. 310, 316 (1945)). A nonresident establishes minimum contacts 

with a forum when it “purposefully avails itself of the privilege of conducting activities 

within the forum State, thus invoking the benefits and protections of its laws.” Moki Mac, 

221 S.W.3d at 575 (first citing Hanson v. Denckla, 357 U.S. 235, 253 (1958); and then 

citing Michiana Easy Livin’ Country, Inc. v. Holten, 168 S.W.3d 777, 784 (Tex. 2005)). 

“[T]he defendant’s in-state activities ‘must justify a conclusion that the defendant could 

reasonably anticipate being called into a Texas court.’” Bell, 549 S.W.3d at 559 (cleaned 

up). “This minimum contacts inquiry is a forum-by-forum or sovereign-by-sovereign 

analysis that examines the nature and extent of the defendant’s relationship to the forum 

to determine whether the defendant is amenable to general or specific jurisdiction.” State 

v. Volkswagen Aktiengesellschaft, 669 S.W.3d 399, 412 (Tex. 2023) (cleaned up)

(footnotes omitted).

When determining whether a defendant has purposefully availed itself of the 

privilege of conducting activities in Texas, we consider three factors:

First, only the defendant’s contacts with the forum are relevant, not the 

unilateral activity of another party or a third person. Second, the contacts 

relied upon must be purposeful rather than random, fortuitous, or 

attenuated. . . . Finally, the defendant must seek some benefit, advantage 

or profit by availing itself of the jurisdiction.

Bell, 549 S.W.3d at 559 (quoting Moncrief Oil, Int’l, Inc. v. OAO Gazprom, 414 SW.3d 

142, 151 (Tex. 2013); see also TV Azteca v. Ruiz, 490 S.W.3d 29, 38 (Tex. 2016) (stating 
8

that defendant’s contacts must be “purposefully directed” towards Texas and “must result 

from the defendant’s own efforts to avail itself of the forum”). A nonresident may 

purposefully avoid a jurisdiction “by structuring its transactions so as neither to profit from 

the forum’s laws nor be subject to its jurisdiction.” Michiana, 168 S.W.3d at 785. “We 

assess the quality and the nature of the contacts, not the quantity.” TV Azteca, 490 

S.W.3d at 38.

A defendant’s contacts may give rise to general jurisdiction or specific jurisdiction. 

Bell, 549 S.W.3d at 559. As relevant here, the minimum contacts necessary for specific 

jurisdiction are established if (1) the defendant purposefully avails itself of the privilege of 

conducting activities in the forum state, and (2) the suit arises out of or relates to the 

defendant’s contacts with the forum. Luciano v. SprayFoamPolymers.com, LLC, 625 

S.W.3d 1, 8–9 (Tex. 2021).

“In cases involving products liability, [the Supreme] Court [of Texas] has adopted 

the ‘stream-of-commerce-plus’ standard to establish whether this purposeful availment 

exists.” LG Chem Am., Inc. v. Morgan, 670 S.W.3d 341, 347 (Tex. 2023).

Under a stream-of-commerce-plus framework, a nonresident who places 

products into the stream of commerce with the expectation that they will be 

sold in the forum state may be subject to personal jurisdiction in the forum.

In contrast, mere foreseeability that a product might ultimately end up in a 

particular forum does not alone constitute purposeful availment. When the 

stream of commerce only fortuitously deposits a product in the forum state, 

a nonresident manufacturer will be subject to the forum’s jurisdiction only if 

additional conduct—often referred to as a “plus factor”—evinces the 

manufacturer’s intent to serve that market. This analytical construct is 

frequently used in products-liability cases to determine whether specific 

jurisdiction exists. When a nonresident manufacturer has no knowledge, 

care, or control over where a product ends up, this and other courts require 

some “plus factor” to establish purposeful availment. Examples include 

marketing the product through a distributor who has agreed to serve as the 
9

sales agent in the forum state or creating, controlling, or employing the 

distribution system that brought the product into the forum state.

Volkswagen, 669 S.W.3d at 417 (cleaned up) (footnotes omitted). Other examples of 

additional conduct include: (1) designing the product for the market in the forum state, 

(2) advertising in the forum state, and (3) establishing channels for providing regular 

advice to customers in the forum state. Spir Star AG v. Kimich, 310 S.W.3d 868, 873 

(Tex. 2010).

Because personal jurisdiction requires a forum-by-forum analysis, we look only to 

Hyundam’s behavior directed toward Texas, not its behavior directed elsewhere. See 

Volkswagen, 669 S.W.3d at 420 (first citing J. McIntyre Mach., Ltd. v. Nicastro, 564 U.S. 

873, 884 (2011) (plurality op.); and then citing Luciano, 625 S.W.3d at 10). The logical 

consequence is that the lack of differentiation in the nature and kind of conduct directed 

at other jurisdictions does not negate Hyundam’s purposeful availment of this one. See 

id.

The defendant need not single Texas out in some unique way to satisfy 

constitutional dictates. To hold that a nonresident who has directed activity 

to every state is not amenable to jurisdiction in any state would unduly 

constrain the authority of state courts to hold nonresidents accountable for 

their in-state conduct and would convert the specific-personal-jurisdiction 

analysis into a wholly subjective inquiry into the defendants’ state of mind.

. . . .

Neither the federal nor the state constitution requires us to adopt a 

rule insulating nonresident defendants from personal jurisdiction arising 

from or related to their Texas-based contacts merely because the defendant 

has targeted other states in a similar manner. Rather, the critical inquiry is 

whether a nonresident defendant has established sufficient contacts with 

Texas—not whether those contacts are materially different from its contacts 

with other states.
10

Id. at 420–21.

The “arises from or relates to” element of specific jurisdiction requires a nexus 

between the nonresident defendant, the litigation, and the forum state. Luciano, 625 

S.W.3d at 14. The Texas Supreme Court has held that this “relatedness” requirement is 

satisfied by a substantial connection between the nonresident defendant’s contacts and 

the operative facts of the litigation. Id. Operative facts are those facts that “will be the 

focus of the trial, will consume most if not all of the litigation’s attention, and the 

overwhelming majority of the evidence will be directed to that question.” Moki Mac, 221 

S.W.3d at 585.

When personal jurisdiction is challenged, the plaintiff and the nonresident 

defendant bear shifting burdens of proof. Bell, 549 S.W.3d at 559. The plaintiff bears the 

initial burden to plead sufficient allegations to bring the nonresident defendant within the 

scope of Texas’s long-arm statute. Id.; see also Kelly v. Gen. Interior Constr., Inc., 301 

S.W.3d 653, 658 (Tex. 2010) (“Because the plaintiff defines the scope and nature of the 

lawsuit, the defendant’s corresponding burden to negate jurisdiction is tied to the 

allegations in the plaintiff’s pleading.”). The trial court may consider the plaintiff’s original 

pleadings as well as his response to the defendant’s special appearance in determining 

whether the plaintiff satisfied his initial burden. Touradji v. Beach Cap. P’ship, L.P., 316 

S.W.3d 15, 23 (Tex. App.—Houston [1st Dist.] 2010, no pet.) (citation omitted). “In 

conducting our review, we accept as true the allegations in the petition.” Id. at 23. If the 

plaintiff fails to plead facts bringing the defendant within the reach of the long-arm statute, 

“the defendant need only prove that it does not live in Texas to negate jurisdiction.” Kelly, 

301 S.W.3d at 658–59.
11

If the plaintiff meets his initial pleading burden, the burden shifts to the nonresident 

defendant to negate all bases of personal jurisdiction alleged by the plaintiff. Bell, 549 

S.W.3d at 559. The defendant can negate jurisdiction on either a factual or a legal basis. 

Kelly, 301 S.W.3d at 659. “Factually, the defendant can present evidence that it has no 

contacts with Texas, effectively disproving the plaintiff’s allegations.” Id. The plaintiff can 

then respond with his own evidence affirming his allegations, and if he does not present 

evidence establishing personal jurisdiction, he risks dismissal of his suit. Id. Legally, the 

defendant can show that even if the plaintiff’s alleged facts are true, the evidence is legally 

insufficient to establish jurisdiction; that the defendant’s contacts with Texas do not 

constitute purposeful availment; for specific jurisdiction, that the claims do not arise from 

the contacts with Texas; or that the exercise of jurisdiction offends traditional notions of 

fair play and substantial justice. Id.

B. Objections to Chang’s Affidavit

In a cross-issue, which we address first, Swacina argues that Chang’s affidavit 

was not based on personal knowledge as required under the rules of civil procedure, and 

therefore, the trial court abused its discretion in overruling his objections to Chang’s 

affidavit and denying his motion to strike.

We review a trial court’s evidentiary ruling, such as its ruling on a motion to strike 

an affidavit, for an abuse of discretion. Sw. Energy Prod. Co. v. Berry-Helfand, 491 

S.W.3d 699, 727 (Tex. 2016). A trial court abuses its discretion when it acts without regard 

for guiding rules or principles. U-Haul Int’l, Inc. v. Waldrip, 380 S.W.3d 118, 132 (Tex. 

2012). 
12

Under Rule 120a, any party may file a special appearance “for the purpose of 

objecting to the jurisdiction of the court over the person . . . on the ground that such 

party . . . is not amenable to process issued by the courts of this State.” TEX. R. CIV. P.

120a(1). Rule 120a further states

The court shall determine the special appearance on the basis of the 

pleadings, any stipulations made by and between the parties, such affidavits 

and attachments as may be filed by the parties, the results of discovery 

processes, and any oral testimony. The affidavits, if any, shall be served at 

least seven days before the hearing, shall be made on personal knowledge, 

shall set forth specific facts as would be admissible in evidence, and shall 

show affirmatively that the affiant is competent to testify.

Id. § 120a(3). An affiant’s acknowledgment of the sources from which he gathered his 

knowledge does not violate the personal knowledge requirement. See In re E.I. DuPont 

de Nemours & Co., 136 S.W.3d 218, 224 (Tex. 2004).

Here, Chang’s affidavit states the facts in his affidavit are true and correct and 

based on his personal knowledge. Swacina characterizes this assertion as conclusory, 

and “insufficient as it contains nothing about the time, place, or exact nature of his position 

nor the steps, if any, he took to obtain any personal knowledge.” But, in his affidavit, 

Chang attests that the basis of his personal knowledge is derived from his seventeen 

years of experience and employment with Hyundam, during which he served as a 

technician, officer, and director. Chang further details the relevant time period he was 

active in each role, the duties and responsibilities in his capacity as to each role, and the 

different knowledge he gained in each role. Chang also states that he “reviewed 

Hyundam[’s ]documents maintained in the ordinary course of business regarding the 

design and manufacture of the fuel pumps by Hyundam[ ]for Donghee[ ], to be supplied 
13

to Hyundai[ ]in South Korea for the 2009 year model Hyundai Elantra.” In other words, 

Chang set forth specific facts showing affirmatively that he is competent to testify as 

required by Rule 120a(3). See TEX. R. CIV. P. 120a(1); see also M.G.M. Grand Hotel, Inc. 

v. Castro, 8 S.W.3d 403, 407 (Tex. App.—Corpus Christi–Edinburg 1999, no pet.) (“[A] 

corporate officer may testify that information concerning the corporation’s contacts with a 

given state is within his personal knowledge without showing with particularity how he 

acquired that knowledge.”). We conclude Chang’s affidavit made a sufficient showing of 

personal knowledge. See id.

Accordingly, the trial court did not abuse its discretion in overruling Swacina’s 

objection to Chang’s affidavit. See Waldrip, 380 S.W.3d at 132. We overrule Swacina’s 

sole cross-issue. 

C. Special Appearance

1. Jurisdictional Facts

In its first issue, Hyundam argues that Swacina’s petition did not meet his initial 

burden in “properly pleading jurisdictional facts—including those that would implicate 

‘personal jurisdiction’ over a foreign entity . . . .” 

As the plaintiff, Swacina bore the initial burden to plead sufficient allegations to 

bring Hyundum, the nonresident defendant, within the scope of Texas’s long-arm statute. 

See Bell, 549 S.W.3d at 559. “This notice-pleading requirement is ‘minimal’ and ‘can be 

satisfied with an allegation that the nonresident defendant is doing business in Texas or 

committed tortious acts in Texas.’” Copeland v. Mayers, 657 S.W.3d 599, 609–10 (Tex. 

App.—El Paso, 2022 pet. denied) (quoting Gaddy v. Fenenbock, 652 S.W.3d 860, 871
14

(Tex. App.—El Paso 2022, no pet.)); see also Steward Health Care System LLC v. 

Saidara, 633 S.W.3d 120, 129 (Tex. App.—Dallas 2021, no pet.) (“A plaintiff’s petition 

satifies the long-arm statute when it alleges the defendant did business, which includes 

committing a tort in whole or in part in Texas.”); Lombardo v. Bhattacharyya, 437 S.W.3d 

658, 679 (Tex. App.—Dallas, 2014 pet. denied) (holding that the appellee’s allegations 

that appellant committed torts in Texas was sufficient to satisfy appellee’s initial burden 

of alleging a cause of action sufficient to confer jurisdiction under the Texas long-arm 

statute); TEX. CIV. PRAC. & REM. CODE ANN. § 17.042. 

In his fifth amended petition, Swacina alleged that on or about March 15, 2018, 

Powell operated a 2009 Hyundai Elantra in Nueces County, Texas, which “became 

disabled in the center lane of traffic due to a fuel pump failure.” Subsequently, another

vehicle “collided with the rear of the disabled [Elantra] operated by [Powell]”, causing 

Powell to suffer serious, permanent, and disabling physical and psychological injuries, 

and causing Powell’s children to suffer a loss of parental consortium. Swacina also 

alleged that Hyundam “is a foreign corporation doing business th[r]ough out the United 

States, including Texas, for profit” and that “the fuel pump of the subject vehicle” was 

“designed,” “manufactured”, “marketed”, and “assembled and tested” by Hyundam. 

Swacina further alleged that “[Hyundam is] subject to the Texas long-arm statute by 

committing torts where one or more elements of the tort or one of more of the tortious 

acts occurred in Texas,” and detailed Hyundam’s role as a party to Swacina’s various 

causes of action. Finally, Swacina alleged that the “acts and omissions” of Hyundam 

“constitutes the direct, proximate, producing and/or substantial cause of Plaintiffs’ injuries 
15

and damages.” Liberally construing Swacina’s pleading, we conclude that Swacina’s 

allegations that Hyundam does business in Texas and that the plaintiffs suffered injuries 

in Texas due to a defective fuel pump designed, manufactured, marketed, and assembled 

and tested by Hyundam are sufficient to bring Hyundam under the long-arm statute.4 See 

Bell, 549 S.W.3d at 559; Copeland, 657 S.W.3d at 609–10; Steward Health Care Sys. 

LLC, 633 S.W.3d at 129; Lombardo, 437 S.W.3d at 679; see also TEX. CIV. PRAC. & REM.

CODE § 17.042. We overrule Hyundam’s first issue.

2. Purposeful Availment

In its second issue, Hyundam argues the evidence was insufficient to support a 

finding of specific jurisdiction.5

In support of its special appearance, Hyundam attached Chang’s affidavit which 

admitted that Hyundam designed and manufactured fuel pumps for the 2009 Hyundai 

Elantra in South Korea. Chang explained that ninety-nine percent of these fuel pumps 

were sold and delivered to Donghee in South Korea, which incorporated Hyundam’s fuel 

pumps into Donghee’s fuel tank systems; Donghee, in turn, assembled, sold, and 

delivered its fuel tank systems to Hyundai in South Korea. According to Chang, Hyundam

4 We note that although we have concluded that Swacina pleaded sufficient allegations under the 

long-arm statute, the mere allegation that a tort occurred in Texas does not support jurisdiction over a 

nonresident defendant under the Due Process Clause, which requires that the nonresident defendant 

purposefully avail itself of the forum state’s jurisdiction. See Michiana, 168 S.W.3d at 788, 791–92 

(“Allegations that a tort was committed in Texas satisfy the Texas Long–Arm Statute, but not necessarily 

the U.S. Constitution; the broad language of the former extends only as far as the latter will permit. . . .[W]e 

disapprove of those opinions holding that . . . specific jurisdiction turns on whether a defendant’s contacts 

were tortious rather than the contacts themselves.”).

5 Hyundam also argues by its second issue that the evidence was insufficient to support general 

jurisdiction. However, as noted, Swacina did not argue general jurisdiction at the trial court, and he does 

not do so on appeal. Cf. Dodd v. Savino, 426 S.W.3d 275, 284 (Tex. App.—Houston [14th Dist.] 2014, no 

pet.) (“A defendant challenging a Texas court’s personal jurisdiction must negate every jurisdictional basis 

that is alleged.” (emphasis added)). Accordingly, we confine our analysis to specific jurisdiction.
16

had no control over where any vehicle containing its fuel pumps were “shipped, 

distributed, sold, and/or re-sold.” Chang also denied that Hyundam advertised, designed, 

marketed, exported, sold, or supplied any products in Texas. See Kelly, 301 S.W.3d at 

659 (stating defendant can negate jurisdiction on factual basis by “present[ing] evidence 

that it has no contacts with Texas, effectively disproving the plaintiff’s allegations”).

Chang averred in his affidavit that the 2009 Hyundai Elantra involved in this case 

was assembled in South Korea in November 2008. We note that Chang’s affidavit did not 

deny that the 2009 Hyundai Elantra involved in this case contained a fuel pump 

manufactured by Hyundam. Hyundam also attached to its special appearance a history 

report of the particular vehicle involved in this case, which demonstrated that it was 

originally shipped by Hyundai from South Korea to Louisiana, where it was sold and 

registered in 2009. The report also showed that the vehicle was subsequently registered 

in Texas in 2015.

The parties do not dispute that Hyundam is a nonresident corporation 

headquartered in South Korea, or that Hyundam placed its fuel pumps into the stream of 

commerce. Swacina argues in his brief that Hyundam “knowingly and intentional[ly] 

designed the fuel pumps to be compliant with U.S. specifications so that they could be 

sold in all fifty states,” pointing to the following deposition testimony that Swacina attached 

to his response to Hyundam’s special appearance:

[Counsel for Swacina]: And, to your knowledge, Hyundam at least—

and farther back than 2009, Hyundam sold

vehicles that—excuse me—Hyundai sold 

vehicles that contained Hyundam fuel module 

pumps that were destined for sale in the United 

States.·Correct?
17

. . . . 

[Chang]: Yes. 

[Counsel for Swacina]: And it’d be—it would be an accurate statement 

that Hyundam certainly had knowledge that its 

fuel pumps were being put into Hyundai vehicles 

and those vehicles were being sold in the United 

States. Correct?

[Chang]: So the information that we knew about is that we 

developed and delivered our products to satisfy 

specification for North America. Now, as U.S. is 

included in [the] North American region, it will be 

expected or assumed that they would also go to 

the U.S. . . . [W]hat we delivered is based on 

specification for the [sic] North America.

[Counsel for Swacina]: So, yes, Hyundam knew that Hyundai was 

selling vehicles with fuel modules built by 

Hyundam and they were being sold in North 

America, which included the United States. 

Correct?

. . . . 

[Chang]: Yes, that’s correct.

[Counsel for Swacina]: And Texas is in the United States of America. 

Correct?

[Chang]: Yes, Texas is within the United States.

Swacina argues that “designing the product for sale in every state is the same thing as 

designing it for sale in each individual state and the character of that purposeful act is not 

altered by the fact that the manufacturer anticipat[es] benefiting from national sales 

throughout the U.S.”
18

Swacina also argues, among other things, that Hyundam directly served the Texas 

market by “selling after-market OEM replacement fuel pumps, placing them in the hands 

of Texas dealerships who could retail them directly to Texas customers who needed a 

new fuel pump for their Hyundai vehicles.” In his response to Hyundam’s special 

appearance, Swacina provided an affidavit by Peter Sullivan, who testified that on July 

21, 2020 his “general manager” purchased an “exemplar, replacement part, fuel[ pump]” 

manufactured by Hyundam, which “was exported out of South Korea, imported into the 

United States, and ultimately retailed in the State of Texas by Hub Hyundai, a franchised 

Hyundai dealership in the Houston, Texas area.” Swacina also attached photos provided 

by Sullivan depicting the “exemplar, replacement part, fuel[ pump]” he purchased from 

Hub Hyundai.

In response, Hyundam argues that it did not “design a product for the Texas 

consumer in particular”; that Chang’s affidavit demonstrates that “Mobis was not hired by 

Hyundam[ ]to distribute its parts in Texas, nor is even Mobis itself alleged to have any 

representatives in Texas”; and that “[Mobis] chooses of its own accord to distribute the 

fuel pumps, along with other parts, to various Hyundai dealers in the United States and 

around the world.” (Emphasis added).

In Spir Star, a products liability case, the Texas Supreme Court found that a foreign 

manufacturer was amenable to specific jurisdiction in Texas because it had marketed its 

product through an independent distributor who “agreed to serve as the sales agent” in 

Texas. 310 S.W.3d at 875. Similarly, the Texas Supreme Court held in Luciano that an 

out-of-state manufacturer was subject to specific jurisdiction in Texas because it 
19

employed an independent-contractor sales agent who served as the manufacturer’s 

“boots on the ground” in marketing and selling its products in Texas. 625 S.W.3d at 12.

Chang’s affidavit explained that Hyundam sold less than one percent of its fuel 

pumps to Mobis, a South Korean company and global wholesaler and distributor of 

service parts to Hyundai dealers. According to Chang, Hyundam sold the fuel pumps to 

Mobis in South Korea, and it did not direct where Mobis distributed the fuel pumps as 

service parts. We observe that Sullivan’s affidavit does not provide information regarding 

how the Houston dealership obtained the “exemplar, replacement part, fuel[ pump]”—i.e., 

whether the fuel pump was shipped directly to the dealership from Hyundai, Hyundam, 

Mobis, or some other distributor. Nor does Sullivan’s affidavit demonstrate that Hyundam 

has a sales-distribution agreement with the Houston dealership, or any other Hyundai 

dealership in Texas. Though Swacina has provided evidence through Sullivan’s affidavit 

that Hyundam’s fuel pumps are available for purchase from at least one Hyundai 

dealership in Texas, that same evidence does not show directly that Hyundam acted 

through a “distributor-intermediary” or an agent with “boots on the ground” to intentionally 

target Texas as the marketplace for its fuel pumps. See Spir Star, 310 S.W.3d at 875; 

Luciano, 625 S.W.3d at 12; see also Bell, 549 S.W.3d at 559 (holding that, in determining 

purposeful availment, “only the defendant’s contacts with the forum are relevant, not the 

unilateral activity of another party or a third person”).

“It is less clear whether a nonresident ‘purposefully avails’ itself of a forum when it 

benefits from a major market without doing any of the marketing.” Michiana, 168 S.W.3d 

at 786. However, Texas courts have held that “additional conduct,” such as “designing 
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the product for . . . the forum State,” is required to establish purposeful availment. Id. 

Under Spir Star, designing a product for the market in the forum state constitutes 

‘additional conduct’ demonstrating an intent to serve the market of the forum state. Spir 

Star, 310 S.W.3d at 873. Chang’s deposition testimony demonstrates that Hyundam

developed its fuel pumps “to satisfy specification for North America,” that the “U.S. is 

included in [the] North American region,” and that “Texas is within the United States.” This 

testimony indicates that Hyundam did not just have “mere foreseeability” that its fuel 

pumps might ultimately end up in Texas. See Volkswagen, 669 S.W.3d at 417. Instead, 

Chang’s deposition testimony demonstrates that the fuel pump was also designed for

Texas consumers as part of the “North American region.” See Spir Star, 310 S.W.3d at 

873. Texas is part of the “North American region.” The fact that the “North American 

region” also includes markets other than Texas is of no consequence because Hyundam 

need not “single Texas out in some unique way to satisfy constitutional dictates.” See 

Volkswagen, 669 S.W.3d at 420 (“To hold that a nonresident who has directed activity to 

every state is not amenable to jurisdiction in any state would unduly constrain the authority 

of state courts to hold nonresidents accountable for their in-state conduct and would 

convert the specific-personal-jurisdiction analysis into a wholly subjective inquiry into the 

defendants’ state of mind.”). We hold that Hyundam purposefully availed itself of the 

privilege of doing business in Texas.

3. “Relatedness” Requirement

Hyundam also argues that specific jurisdiction is not established because Swacina 

did not demonstrate that his claims arose from Hyundam’s contacts with Texas.
21

Hyundam’s argument is predicated on the assumption that there was no “additional 

conduct” establishing purposeful availment, which we rejected in the previous section.

We look to the relation between Hyundam’s contacts with Texas and the plaintiff’s claims. 

See Luciano, 625 S.W.3d at 14.

In Luciano, the Texas Supreme Court recently discussed the United States 

Supreme Court’s decision in Ford Motor Co. v. Montana Eighth Judicial District Court, 

592 U.S. ____, 141 S. Ct. 1017, 1028 (2021), which involved two consolidated products

liability cases stemming from car accidents involving Ford vehicles. See Luciano, 625 

S.W.3d at 15. Though Ford conceded purposeful availment, it nevertheless “contended 

that specific jurisdiction was lacking because the particular cars involved were originally 

sold outside the forum state and were neither designed nor manufactured there.” Id.

(citing Ford Motor Co., 141 S.Ct. at 1022–23). The Texas Supreme Court summarized 

Ford Motor Co. as follows:

Ford argued that a state court would have jurisdiction only if the company’s 

conduct in the state “gave rise to” the plaintiff’s claims, a causal link that 

exists only if the company designs, manufactures, or sells the particular 

vehicle involved in an accident in the forum state. [Ford Motor Co., 141 S.C 

]at 1023, 1026. The place of accident or injury becomes immaterial. See id.

at 1023.

The Supreme Court rejected that argument, holding that “when a 

company like Ford serves a market for a product in a State and that product 

causes injury in the State to one of its residents, the State’s courts may 

entertain the resulting suit.” Id. at 1022. A “causation-only approach finds 

no support in [the] Court’s requirement of a ‘connection’ between a plaintiff’s 

suit and a defendant’s activities.” Id. at 1026 (citing Bristol-Myers[ Squibb 

Co. v. Superior Ct. of Cal., 137 S. Ct. 1773, 1776 (2017)]). Instead, due 

process demands that a suit “arise out of or relate to” the defendant’s 

contacts with the forum. Id. (quoting Bristol-Myers, 137 S. Ct. at 1780).
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Id. Here, the fuel pump which Hyundam designed for use in Texas was the very same 

type of fuel pump that Swacina alleged failed and proximately caused the plaintiffs’

injuries in Texas. See Ford Motor Co., 141 S. Ct. at 1022. Under these operative facts, 

“there is a strong ‘relationship among the defendant, the forum, and the litigation’—the 

‘essential foundation’ of specific jurisdiction.” Id. at 1028; see Luciano, 625 S.W.3d at 14.

We conclude that the trial court properly determined that it had personal jurisdiction over 

Hyundam in this case. See Luciano, 625 S.W.3d at 8–9. We overrule Hyundam’s second 

issue.

III. FAIR PLAY AND SUBSTANTIAL JUSTICE

In its third issue, Hyundam argues that the exercise of jurisdiction over Hyundam 

would offend traditional notions of fair play and substantial justice.

“Once minimum contacts have been established, we must still consider whether, 

for other reasons, exercising jurisdiction over the nonresident defendant would 

nevertheless run afoul of ‘traditional notions of fair play and substantial justice.’”

Volkswagen, 669 S.W.3d at 432. “While this catchphrase is ‘well known to appellate 

courts,’ it is nonetheless ‘imprecise.’” Id. (quoting Spir Star, 310 S.W.3d at 872). “When a 

nonresident defendant has minimum contacts with the forum, ‘rarely will the exercise of 

jurisdiction over the nonresident not comport with traditional notions of fair play and 

substantial justice.’” Id. (quoting Moncrief Oil, 414 S.W.3d at 154–55). “To avoid 

jurisdiction, the defendant would have to present “a compelling case that the presence of 

some consideration would render jurisdiction unreasonable.” Id. (quoting Guardian Royal 

Exch. Assurance, Ltd. v. Eng. China Clays, P.L.C., 815 S.W.2d 223, 231 (Tex. 1991)).
23

We undertake this evaluation in light of the following factors, when appropriate: (1) the 

burden on the defendant; (2) the interests of the forum in adjudicating the dispute; (3) the 

plaintiff’s interest in obtaining convenient and effective relief; (4) the international judicial 

system’s interest in obtaining the most efficient resolution of controversies; and (5) the 

shared interest of the several nations in furthering fundamental substantive social 

policies. Moncrief Oil, 414 S.W.3d at 155 (citing Spir Star, 310 S.W.3d at 878).

Hyundam’s argument is premised on its earlier contentions regarding the lack of 

evidence showing that Hyundam purposefully availed itself to Texas or that Swacina’s 

claims related to Hyundam’s contacts with Texas, which we have already rejected. 

Hyundam also argues that its “headquarters and all of its employees are located in South 

Korea. It has no employees or representatives in the state of Texas and the suit would 

require any relevant witnesses to travel halfway across the globe.” We find this 

unpersuasive because the same or similar could be said of virtually all nonresident 

defendants being hauled into state court. “Distance alone cannot ordinarily defeat 

jurisdiction.” Id. (citing Spir Star, 310 S.W.3d at 879).

The fact that Hyundam may be burdened by litigation in Texas is somewhat 

mitigated by the convenience to appellees, Texas residents, in litigating in the forum 

where the alleged fuel pump failure and subsequent car accident occurred. See id. 

Moreover, the allegations that Hyundam committed torts in Texas against a resident 

implicate a serious state interest in adjudicating the dispute. See id. (citing Keeton v. 

Hustler Magazine, Inc., 465 U.S. 770, 776 (1984) (“A state has an especial interest in 

exercising judicial jurisdiction over those who commit torts within its territory.”)). Finally, 
24

because these claims will be litigated alongside two other named defendants, also Texas 

residents, in a Texas court, it promotes judicial economy to litigate the claims as to all 

parties in one court. See Spir Star, 310 S.W.3d at 879 (“[B]ecause the claims against [the 

resident defendant] will be heard in Texas, it would be more efficient to adjudicate the 

entire case in the same place.”).

On balance, the burden on Hyundam to litigate in a foreign jurisdiction is minimal 

and outweighed by Texas’s interests in adjudicating the dispute. See id. at 879–80. We 

conclude that asserting personal jurisdiction over Hyundam comports with traditional 

notions of fair play and substantial justice. We overrule Hyundam’s final issue.

IV. CONCLUSION

We affirm the trial court’s judgment.

NORA L. LONGORIA

Justice

Delivered and filed on the

30th day of November, 2023.