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Keywords

tortdefendantjurisdictiondamagesstatutemotionsummary judgmentcorporation
plaintiffdefendantjurisdictionstatutemotion

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Penny v. United Fruit Co., 869 F.Supp. 122, 1995 A.M.C. 652

Facts

Sidney J.R. Penny, a British citizen, was employed as a chef on various oceangoing vessels owned by the defendants from 1958 to 1962. After retiring and emigrating to the United States, he developed mesothelioma and died in 1986. The administratrix and widow alleged that his exposure to asbestos while working on the defendants' ships caused his illness and sought damages under various legal frameworks.

From 1958 to 1962, Sidney J.R. Penny, then a citizen of the United Kingdom, was employed as a chef or caterer on various oceangoing vessels owned by defendants.

Issue

The main legal issues were whether the court had personal and subject matter jurisdiction over the British shipowners and whether the defendants could be sued under the Jones Act and related laws.

The court lacked jurisdiction over British shipowners under New York long-arm statutes.

Rule

The court applied New York's long-arm statutes (CPLR 301 and 302) to determine jurisdiction, emphasizing that personal jurisdiction requires a defendant to have sufficient contacts with the state.

In cases brought under the Jones Act, personal jurisdiction is proper only if the defendant has both national contacts and is subject to the jurisdiction of the state in which the district court sits.

Analysis

The court found that none of the defendants had sufficient contacts with New York to establish jurisdiction under CPLR 301 or 302. It concluded that the alleged tortious acts occurred outside New York, and the injury was not deemed to have occurred within the state, thus failing the jurisdictional requirements. Additionally, the court noted that even if jurisdiction existed, the forum non conveniens doctrine favored dismissal as England was a more appropriate forum.

The Court resolves this threshold issue in favor of plaintiff.

Conclusion

The court granted the motions to dismiss for lack of personal jurisdiction and on forum non conveniens grounds, and also granted summary judgment for the corporations that did not employ Mr. Penny.

Motions granted.

Who won?

The defendants prevailed in the case as the court found no jurisdiction over them and dismissed the actions based on forum non conveniens.

For the reasons stated below, defendants' motions are granted.

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