Justice Lehrmann delivered the opinion of the Court.
Before us once again is the Texas-resident exception to the forum-non-conveniens statute. We consider whether the exception — which allows a plaintiff residing in Texas to maintain a lawsuit here even when the suit would otherwise be subject to dismissal for forum non conveniens — applies in a case in which two non-resident minors sue by a next friend who is a Texas resident. The minors themselves reside in Mexico with their grandparents, who are the minors' legal guardians under Mexican law. We hold that the Texas-resident exception does not apply and that the trial court abused its discretion in refusing to dismiss the case on forum-non-conveniens grounds. Accordingly, we conditionally grant mandamus relief.
This case arises from a June 2009 car accident in Mexico. Armando Alvarado was driving a 1996 Ford Explorer on a highway near Monterrey in the State of Nuevo Leon. His wife, Maria Isabel Rodriguez, and their two minor children were passengers. The Explorer's left rear tire allegedly failed, causing a rollover that killed Armando and Maria and injured the children. At the time of the accident, the family resided in Nuevo Leon. The children's maternal grandparents became the children's legal guardians by operation of Mexican law and took custody of the children in Nuevo Leon.
Gilberto Rodriguez, a Texas resident who is the children's maternal uncle, filed a wrongful-death lawsuit "as next friend" of the children in Hidalgo County, Texas, against Bridgestone Americas Tire Operations, LLC (Bridgestone), a Delaware company that manufactured the allegedly defective tire. Other defendants included Gutierrez Brothers, Inc., doing business as Gutierrez Auto Sales, and that company's individual owners, brothers Juan, Jaime, and Manuel Gutierrez.
Bridgestone filed a motion to dismiss for forum non conveniens, arguing that the case belonged in Mexico, not Texas. The trial court denied the motion, and Bridgestone filed a petition for writ of mandamus in the court of appeals. In denying relief, the court of appeals held that the case may not be dismissed on forum-non-conveniens grounds because the plaintiff, next-friend Rodriguez, is a Texas resident. 387 S.W.3d 840, 848 (Tex.App.-Beaumont 2012). Bridgestone now seeks mandamus relief in this Court, arguing that the trial court abused its discretion in denying Bridgestone's motion to dismiss.
The doctrine of forum non conveniens, which originated in the common law and is now codified in Texas, "comes into play when there are sufficient contacts between the defendant and the forum state to confer personal jurisdiction upon the trial court, but the case itself has no significant connection to the forum." In re Pirelli Tire, LLC, 247 S.W.3d 670, 675-76 (Tex.2007). Texas's forum-non-conveniens statute provides:
TEX. CIV. PRAC. & REM. CODE § 71.051(b).
We have held that a trial court's erroneous denial of a forum-non-conveniens motion cannot be adequately remedied on appeal and therefore warrants mandamus relief. In re Gen. Elec. Co., 271 S.W.3d 681, 685 (Tex.2008). We review the trial court's forum-non-conveniens ruling for an abuse of discretion. Id.
When the Texas-resident exception outlined in subsection 71.051(e) applies, a case may not be dismissed on forum-non-conveniens grounds no matter how tenuous its connection to Texas. In this case, as discussed above, Texas resident Rodriguez brought a wrongful-death suit on behalf of two nonresident minors to recover damages for their parents' deaths. Rodriguez may not assert a personal cause of action under Texas's wrongful-death statute and has sued solely in his capacity as next friend of his nephews. See TEX. CIV. PRAC. & REM. CODE § 71.004(a) ("An action to recover damages as provided by [the wrongful-death statute] is for the exclusive benefit of the surviving spouse, children, and parents of the deceased."). Bridgestone argues that Rodriguez's Texas residency does not foreclose dismissal for two reasons: (1) Rodriguez lacked authority to sue as the children's next friend because they had a legal guardian, and (2) even if the children could sue by next friend, a next friend is not a "plaintiff" whose residency may trigger the exception. We address these contentions in turn.
We first address whether Texas Rule of Civil Procedure 44 allowed the children to sue through a next friend. When we analyze Texas's procedural rules, we apply the same rules of construction that govern the interpretation of statutes. Ford Motor Co. v. Garcia, 363 S.W.3d 573, 579 (Tex.2012). That is, we look first to the rule's language and construe it according to its plain meaning. In re Christus Spohn Hosp. Kleberg, 222 S.W.3d 434, 437 (Tex.2007). At the same time, we bear in mind that the rules are given a liberal construction in order to obtain "a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive law." TEX. R. CIV. P. 1.
Rule 44, which is derived from a statute that was originally enacted in 1893,
TEX. R. CIV. P. 44.
The parties do not dispute that, under the law of the State of Nuevo Leon where the children reside, the children's grandparents automatically became the children's legal guardians upon the death of their parents.
Bridgestone's argument has appeal, but it leaves out a very important inquiry. The significance of a minor's having a legal guardian in the context of Rule 44 is that, when a minor already has a guardian who may sue on his behalf, the minor does not need next-friend representation in order to litigate his claims. For Rule 44 to make sense, it must be construed to enable minors to prosecute their claims — through a next friend — when they otherwise could not through a legal guardian. It follows that, if a legal guardian has been appointed or recognized in another jurisdiction, but that guardian lacks authority to sue on the minor's behalf in Texas and has no legal basis for obtaining such authority, the minor may sue by next friend under Rule 44.
Bridgestone summarily argues that the grandparents' guardian status entitled them (and only them) to bring the underlying
Our courts of appeals have recognized this principle over the years in addressing challenges to next-friend representation, starting with Bonner v. Ogilvie, 24 Tex. Civ.App. 237, 58 S.W. 1027 (Dallas 1900, no writ). In that case, a child's mother appointed as his legal guardian in Louisiana sued on his behalf in her capacity as guardian. Id. at 1028. The court held that the mother's appointment as guardian in Louisiana "would not give her authority to sue as such guardian in Texas, but it would not deprive her of the power to sue in this state as next friend." Id.
As Bridgestone points out, Bonner was decided before this Court adopted the Texas Rules of Civil Procedure. However, Rule 44's "no legal guardian" language tracks the 1893 statute from which the rule is derived, and courts have relied on Bonner to interpret Rule 44. In Henderson v. Shell Oil Co., for example, a guardian appointed by a Missouri court sued in Texas on behalf of his ward, also a Missouri resident, regarding a tract of land in Texas that the ward owned. 179 S.W.2d 386, 386 (Tex.Civ.App.-Fort Worth), rev'd on other grounds and dismissed for want of jurisdiction, 143 Tex. 142, 182 S.W.2d 994 (1944). The court noted that "the only capacity in which [the Missouri guardian] could be recognized as having the right to bring the suit is that of `next friend.'" Id. at 388. This conclusion was reiterated in Herrin v. Falcon, in which the court of appeals held that a father appointed by a Louisiana court to be his minor son's guardian properly brought suit in Texas "as next friend" where no ancillary or original guardianship proceeding had been brought in Texas. 198 S.W.2d 117, 122 (Tex.Civ.App.-Beaumont 1946, writ ref'd n.r.e.).
Evaluating these decisions requires an examination of the Texas Guardianship Code, which includes provisions governing guardians' authority to file suit on behalf of their wards.
Accordingly, in this case, although the children's grandparents are recognized as the children's guardians under the law of Nuevo Leon where they reside, they have no authority to sue in that capacity on the children's behalf in Texas. To avoid depriving the children of the ability to pursue their claims before they turn eighteen, Rule 44 allows them to do so by next friend. Accordingly, we agree with the court of appeals that, for purposes of Rule 44, the children could sue by next friend. We therefore turn to whether Rodriguez, as a next friend, qualifies as a "plaintiff" who may take advantage of the forum-non-conveniens statute's Texas-resident exception.
As noted above, a plaintiff's claim may not be stayed or dismissed on forum-non-conveniens grounds if the plaintiff is a legal resident of Texas. TEX. CIV. PRAC. & REM. CODE § 71.051(e). In determining whether Rodriguez is a plaintiff for purposes of this provision, we focus on the specific statutory definition of "plaintiff," but we also consider that definition in the context of the entire forum-non-conveniens statute and chapter 71 as a whole. See CHCA Woman's Hosp. v. Lidji, 403 S.W.3d 228, 232 (Tex.2013) ("We analyze statutory language in context, considering the specific section at issue as well as the statute as a whole."). We presume the Legislature enacted the statute "with complete knowledge of the existing law and with reference to it." Acker v. Tex. Water Comm'n, 790 S.W.2d 299, 301 (Tex.1990).
The forum-non-conveniens statute defines the term "plaintiff" as follows:
TEX. CIV. PRAC. & REM. CODE § 71.051(h)(2). In the context of this case, we consider whether Rodriguez, as a next friend, qualifies as "a party seeking recovery of damages for personal injuries or wrongful death." We hold that he does not.
The status of a next friend under Texas law is well settled. "In a suit by a `next friend,' the real party plaintiff is the child and not the next friend." Gracia v. RC Cola-7-Up Bottling Co., 667 S.W.2d 517, 519 (Tex.1984); accord Safeway Stores of Tex. v. Rutherford, 130 Tex. 465, 111 S.W.2d 688, 689 (1938). Indeed, we long ago stated that "the next friend is not a party to the suit instituted by a minor by his aid." Martin v. Weyman, 26 Tex. 460, 468 (1863) (citation omitted); see also Gulf, C. & S.F. Ry. Co., 66 Tex. 421, 1 S.W. 161, 163 (1886) ("When it appears with certainty... that the action [by next friend] is based on the right of the minor; that the relief sought is such as the minor alone would be entitled to on the facts pleaded, and that this is sought for the use and benefit of the minor; then we are of the opinion that the minor is the real plaintiff, whatsoever may be the formula used."). The U.S. Supreme Court has similarly stated:
Morgan, 157 U.S. at 198, 15 S.Ct. 590. This is consistent with our longstanding recognition that a minor's lack of capacity to sue, unlike standing, is not a jurisdictional defect and that a challenge to capacity may be waived. Austin Nursing Ctr. v. Lovato, 171 S.W.3d 845, 849 (Tex.2005).
In light of this well-settled law, we cannot conclude that a next friend is "a party seeking recovery of damages for personal injury or wrongful death." TEX. CIV. PRAC. & REM. CODE § 71.051(h)(2). That description fits the persons who are authorized to bring a wrongful-death action under section 71.004, but not the person serving as a conduit when the ones authorized to bring the action are minors. As such, a next friend's legal residency in Texas does not trigger the forum-non-conveniens statute's Texas-resident exception. So interpreted, the statute's plain language serves its purpose of "ensur[ing] access to Texas courts for Texas plaintiffs." In re Ford Motor Co., 442 S.W.3d at 269. Texas courts have no responsibility to protect the interests of next friends, who themselves must protect and advance the interests of the minors suing through them. That is, next friends have no interest in keeping a case in Texas beyond the interests of the minors they represent. If the minors whose wrongful-death claims are being prosecuted are not Texas residents, their right to access Texas courts does not trump a defendant's right to dismissal for forum non conveniens.
The court of appeals interpreted the statute differently, relying principally on the language excluding personal representatives appointed in bad faith from qualifying as plaintiffs. The specific language at issue states: "The term [plaintiff] does not include ... a person ... who accepts an appointment as a personal representative in a wrongful death action, in bad faith for purposes of affecting in any way the application of this section." TEX. CIV. PRAC. & REM. CODE § 71.051(h)(2). The court concluded, and Rodriguez argues, that this exclusion demonstrates that the Legislature intended a next friend to qualify as a
Considering this language in the context of chapter 71 as a whole, as we must, we read this exclusion to apply to the prosecution of a wrongful-death action by an executor or administrator under subsection 71.004(c). Section 71.004 provides:
An executor or administrator thus has express statutory authority to bring an action that wrongful-death beneficiaries could have brought but chose not to. When that happens, the executor or administrator — i.e., the personal representative — is the only possible party plaintiff.
The court of appeals' overly broad reading of the bad-faith exclusion stretches the definition of plaintiff beyond the breaking point. If the term "personal representative" as used in section 71.051 were broad enough to include a next friend, we see no principled reason why it would not also include a guardian ad litem, an attorney ad litem, or an amicus attorney.
In sum, we hold that the Texas-resident exception does not foreclose dismissal of this action for forum non conveniens. Accordingly, we turn to whether the forum-non-conveniens factors mandate dismissal.
As noted above, the forum-non-conveniens statute mandates the stay or dismissal of a personal-injury or wrongful-death action when the court "finds that in the interest of justice and for the convenience of the parties [the action] would be more properly heard in a forum outside this state." TEX. CIV. PRAC. & REM. CODE § 71.051(b). In short, the statute requires dismissal of a case that "has no significant connection to the forum." In re Pirelli Tire, LLC, 247 S.W.3d 670, 675-76 (Tex. 2007).
The statute lists six factors for consideration in evaluating a forum-non-conveniens motion. Specifically, the court must consider whether:
Id. § 71.051(b)(1)-(6). Our decision in Pirelli Tire guides the application of these factors to this case.
The facts of the two cases are strikingly similar. Pirelli Tire involved an alleged tire failure leading to a rollover accident in Mexico that caused the death of a Mexican resident who was in the truck at the time of the accident. 247 S.W.3d at 673. Two years before the accident, a Texas dealership had purchased the truck at an auction in another state and sold it eleven days later to a Mexican citizen who imported it into Mexico the same day, where it was used and serviced until the accident. Id. The tire was not manufactured in Texas, and the tire's manufacturer, Pirelli Tire, was not formed in Texas, nor did it maintain its principal place of business here. Id. The decedent's family sued Pirelli Tire for negligence and strict liability in designing and manufacturing the tire. Id. Pirelli Tire filed a motion to dismiss for forum non conveniens, which the trial court denied. Id.
Applying the factors listed above, we granted Pirelli Tire's petition for writ of mandamus. We held that Pirelli Tire had demonstrated the availability of an adequate forum by stipulating that it would submit to personal jurisdiction in Mexico and would not assert a statute-of-limitations defense, and that Mexico was not
Like Pirelli Tire, this case involves: Mexican citizens and residents involved in a car accident in Mexico; an alleged failure of a tire manufactured in the United States, but not in Texas; and brief ownership of the subject vehicle by a Texas dealership approximately two years before the accident, followed by ownership and maintenance of the vehicle in Mexico. Also like Pirelli Tire, key evidence and witnesses relating to the accident, the vehicle, the tire, and damages are in Mexico, and the evidence concerning the tire's design and manufacture may be in the United States, but it is not in Texas. These similarities would seem to render Pirelli Tire dispositive of the forum-non-conveniens analysis.
Rodriguez asserts that Mexico's courts lack personal jurisdiction over these defendants — one of whom has affirmatively stated that he will not submit to such jurisdiction — rendering Mexico an inadequate alternate forum. See TEX. CIV. PRAC. & REM. CODE § 71.051(b)(4) (requiring consideration of whether "the alternate forum, as a result of the submission of the parties or otherwise, can exercise jurisdiction over all the defendants properly joined to the plaintiff's claim"). We need not address whether a showing that the Mexico courts lack jurisdiction over the Gutierrez defendants would be dispositive of the forum-non-conveniens analysis because
As they did in Pirelli Tire, the forum-non-conveniens factors "clearly and overwhelmingly favor a Mexican forum for resolution of this dispute." 247 S.W.3d at 679. Accordingly, we hold that the trial court abused its discretion in denying Bridgestone's motion to dismiss.
We hold that Texas law allows minors to sue by next friend when they have a legal guardian who is not authorized to sue in Texas in that capacity. We also hold that a next friend is not a plaintiff for purposes of the forum-non-conveniens statute's Texas-resident exception. Finally, we hold that application of the forum-non-conveniens factors mandates dismissal of this case as a matter of law. Accordingly, we conditionally grant Bridgestone's petition for writ of mandamus and order the trial court to vacate its order denying Bridgestone's motion to dismiss. We further order the trial court to "set terms and conditions for ... dismissing [this] action ... as the interests of justice may require, giving due regard to the rights of the parties to the claim or action," in a manner that is consistent with this opinion. TEX. CIV. PRAC. & REM. CODE § 71.051(c). The writ will issue only if the trial court fails to comply.