Plaintiff alleges that Intercor was the purchaser of locomotives being manufactured at the General Electric Company at Erie, Pa., but the documentary evidence shows that the purchaser was Morrison-Knudson Company, the prime contractor on the joint venture between Carbocol and Intercor for the development of coal reserves in Colombia.
Plaintiff bases his claim against Intercor on statements made by Gustavo Arias, an alleged employee of Intercor, who visited the General Electric Company in Erie, Pa., at the time of the inspection of the locomotives, whose reports to Exxon on plaintiff's conduct of the inspection forms the basis of this lawsuit. Arias was named a party defendant in this action, but has never been served. Arias was a domiciliary of Colombia, but was working at an office in Boise, Idaho at the time of the report to Exxon. The report was made to an Exxon employee named Kelley, located at the time in Burlingame, California. Kelley transmitted the report to his superior in the Exxon organization, Hanggeli, in New Jersey.
The claim against Intercor is based solely on the actions of its alleged agent Arias, in making a telephone call to Kelley, an Exxon employee in California. It follows the same theory as the claim against Hanggeli, "tort-out harm-in injury" in Pennsylvania to support jurisdiction. The communication cannot constitute a defamation injuring plaintiff's reputation in Pennsylvania because there is no evidence that it was communicated to anyone in Pennsylvania except plaintiff.
The documentary evidence, affidavits, personnel records and the like, show without dispute that Arias was employed by Carbocol, the government owned coal company, and not Intercor, the named defendant. Intercor did not purchase the locomotives in Pennsylvania. Beside a mingling of interest between Carbocol and Intercor, in the Colombia coal project, and their joint interest in the locomotives, this does not make Arias an employee of Intercor. Even the plaintiff's proffer of Arias' business card with the Intercor logo printed thereon, does not overcome the proof that he was not an employee of Intercor, for whose remarks Intercor would be vicariously liable. The very communication which forms the basis of the action here refers to Arias as representing Carbocol on his visit to Erie, Pa. Nor is there any allegation that plaintiff was in any way misled or detrimentally relied on a mistaken belief that Arias was an agent or employee of Intercor.
We find no basis for the exercise of personal jurisdiction in Pennsylvania over defendant Intercor.
AND NOW, July 19th 1984, the Motions of Defendants A. W. Hanggeli and International Colombia Resources Corporation to dismiss for want of personal jurisdiction are GRANTED.
The matter will proceed to trial on the remaining causes of action.