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Keywords

lawsuitdefendantjurisdictionnegligencestatuteappeal

plaintiffdefendantjurisdictionappealcorporation

Related Cases

Stubbs v. Wyndham Nassau Resort and Crystal Palace Casino, 447 F.3d 1357, 64 Fed.R.Serv.3d 1112, 19 Fla. L. Weekly Fed. C 525

Facts

Howard Stubbs, a Mississippi resident, was injured while diving into a shallow pool at the Nassau Resort in the Bahamas. He filed a lawsuit against the resort and its franchisor, alleging negligence due to poor lighting, inadequate safety markings, failure to inspect and repair defects, and lack of a lifeguard. The defendants moved to dismiss the case, claiming insufficient contacts with Florida to establish personal jurisdiction, which the district court accepted, leading to the dismissal of the complaint.

The complaint arises out of a diving accident in which Howard Stubbs, a resident of Mississippi, was severely injured when he dove into the shallow end of a swimming pool at the Nassau Resort, located in Nassau, Bahamas.

Issue

Did the district court err in dismissing the complaint for lack of personal jurisdiction over the defendants?

Rule

A federal district court may exercise personal jurisdiction to the extent authorized by the law of the state in which it sits and to the extent allowed under the Constitution, specifically requiring sufficient 'minimum contacts' with the forum state.

A federal district court sitting in diversity may exercise personal jurisdiction to the extent authorized by the law of the state in which it sits and to the extent allowed under the Constitution.

Analysis

The Court of Appeals found that Stubbs had demonstrated sufficient contacts between Nassau Resort and Florida, both directly and indirectly through its marketing subsidiary, Crystal Palace U.S., Inc. The court noted that Nassau Resort engaged in substantial business activities in Florida, including maintaining bank accounts and conducting transactions with Florida-based vendors. The relationship between Nassau Resort and Crystal Palace was such that the latter acted as an agent for the former, justifying the assertion of personal jurisdiction.

We find that this case is controlled by Meier ex rel. Meier v. Sun Int'l Hotels, Ltd., 288 F.3d 1264, 1268–69 (11th Cir.2002). In Meier, the plaintiff, an out of state resident, was struck by a commercial motorboat while snorkeling in the Bahamas. He brought an action against several Bahamian corporations affiliated with a hotel where the motorboat owner conducted business.

Conclusion

The Court of Appeals reversed the district court's dismissal of the complaint, ruling that personal jurisdiction over Nassau Resort was established under Florida's long-arm statute and that WHC had waived its defense of lack of personal jurisdiction.

Accordingly, we find that WHC waived the issue of personal jurisdiction.

Who won?

Howard Stubbs prevailed in the appeal because the Court of Appeals found that the defendants had sufficient contacts with Florida to establish personal jurisdiction, contrary to the district court's ruling.

Howard Stubbs appeals the dismissal of his complaint against Wyndham Nassau Resort and Crystal Palace Casino (“Nassau Resort”) and WHC Franchise Corporation (“WHC”) (collectively, “Defendants”).

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Green v. Chicago, B & Q R Co, 205 U.S. 530, 27 S.Ct. 595, 51 L.Ed. 916, 3 A.F.T.R. 2805

Barrell v. Benjamin, 15 Mass. 354, 1819 WL 1408

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