Saint Claude Renal, et al. v. Drexel Chemical Company

The Plaintiffs in this case, who live in the Dominican Republic, were allegedly injured by toxic herbicides used in the sugar cane industry. Following the Plaintiffs’ filing of a lawsuit against the Defendant, a Tennessee corporation, pursuant to the Tennessee Products Liability Act, the Defendant moved to dismiss the case on several grounds. Although the trial court rejected the viability of a number of these defenses asserted by the Defendant at the motion to dismiss stage, the trial court concluded that the case should be dismissed on the basis that “the TPLA does not have extraterritorial application.” The trial court also opined that, “even if a case were to proceed in Tennessee, the applicable law would be the law of the Dominican Republic” but noted that the Plaintiffs “have only set forth a specific claim under the TPLA.” For the reasons stated herein, we affirm the trial court’s dismissal of the case.