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BROOKS v. BACARDI RUM CORP.

November 6, 1996

YVETTE BROOKS, Plaintiff,
v.
BACARDI RUM CORP., Defendant.



The opinion of the court was delivered by: JOYNER

 Joyner J.

 November 6, 1996

 Plaintiff Yvette Brooks has brought this diversity action against Defendant Bacardi Rum Corporation ("Bacardi") pursuant to 28 U.S.C. § 1332. This lawsuit arises out of an incident occurring on August 18, 1994 in which plaintiff fell while touring defendant's premises in San Juan, Puerto Rico.

 Defendant has filed a motion to dismiss Ms. Brooks' complaint for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2), and for failure to state a claim upon which relief may be granted, pursuant to Fed. R. Civ. P. 12(b)(6). Defendant has also filed a motion to dismiss a subsequent amended complaint filed by plaintiff. This memorandum resolves these motions.

 BACKGROUND

 Plaintiff Yvette Brooks was a tourist in San Juan, Puerto Rico in August 1994. While touring Puerto Rico, Ms. Brooks went on a tour of the Bacardi Rum Factory located in San Juan. While on the tour, Ms. Brooks slipped and fell on Bacardi's premises and was injured.

 On March 13, 1996 plaintiff filed a complaint against Bacardi. Defendant answered plaintiff's complaint and raised two defenses, namely lack of personal jurisdiction, and failure to state a claim upon which relief may be granted, the latter claim being based upon the passage of the statute of limitations. After defendant filed its answer, plaintiff filed an amended complaint without leave of the court or consent of opposing counsel. The amended complaint alleged the same facts against Defendant Bacardi as the original complaint, but it added an additional party, Passport Travel, a Connecticut corporation which had arranged the vacation tour. On September 6, 1996, Defendant filed its brief in support of its motion to dismiss based on the personal jurisdiction and statute of limitations defenses. Defendant's motion was addressed to plaintiff's first complaint since defendant claims that it was never served with plaintiff's amended complaint. Defendant then filed a motion to strike plaintiff's amended complaint, and also attached as an exhibit to this motion, a letter from the owner of Passport Travel claiming that it too was never served with the amended complaint.

 DISCUSSION

 I. Personal Jurisdiction

 Once a defendant raises a personal jurisdiction defense, the plaintiff bears the burden of coming forward with a set of facts sufficient to create a prima facie case of jurisdiction. Mellon Bank PSFS v. Farino, 960 F.2d 1217, 1223 (3d Cir. 1992); Provident Nat'l Bank v. California Fed. Sav. & Loan Ass'n, 819 F.2d 434, 437 (3d Cir. 1987). Plaintiff's jurisdictional allegations must be supported with appropriate affidavits or documents, because a Rule 12(b)(2) motion "requires resolution of factual issues outside the pleadings." Time Share Vacation Club v. Atlantic Resorts, Ltd, 735 F.2d 61, 67 n.9 (3d Cir. 1984); Strick Corp. v. A.J.F. Warehouse Distrib., Inc., 532 F. Supp. 951, 953 (E.D. Pa. 1982).

 A federal district court is permitted to exercise "personal jurisdiction over a nonresident of the state in which the court sits to the extent authorized by the law of that state." Provident, 819 F.2d at 436 (citing Fed. R. Civ. P. 4(e)).

 Pennsylvania's long-arm statute provides for both general and specific personal jurisdiction. General jurisdiction exists when the non-resident defendant is deemed "present" in the state by virtue of its voluntary actions, such as maintaining continuous and substantial forum contacts, consenting to jurisdiction, or being domiciled in the state. 42 Pa. Cons. Stat. Ann. § 5301. Specific personal jurisdiction is found if the cause of action arises through any one of the following contacts with the state: (1) transacting business in Pennsylvania (2) contracting to supply services or things in the Commonwealth (3) causing harm or tortious injury by an act or omission in Pennsylvania (4) causing harm or tortious injury in Pennsylvania by an act or omission outside the state (5) having an interest in or using or possessing real property in the state (6) engaging in the insurance business in the state (7) accepting an election or appointment in the state (8) executing a bond (9) making an application to a governmental unit for any certification, license or similar instrument or (10) committing a violation within the state of any law or court order. 42 Pa. Cons. Stat. Ann. § 5322(a) (1)-(10).

 Pennsylvania's jurisdiction extends to the "fullest extent allowed under the Constitution of the United States and may be based on the most minimum contact with this Commonwealth allowed under the Constitution of the United States." § 5322(b). The due process limit of long-arm jurisdiction is defined in a series of Supreme Court decisions including International Shoe Co. v. Washington, 326 U.S. 310, 90 L. Ed. 95, 66 S. Ct. 154 (1945); World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 62 L. Ed. 2d 490, 100 S. Ct. 559 (1980); and Burger King Corp. v. Rudzewicz, 471 U.S. 462, 85 L. Ed. 2d 528, 105 S. Ct. 2174 (1985). The Supreme Court has held that jurisdiction is proper when a defendant purposefully establishes "minimum contacts" in the forum state, by deliberately engaging in significant activities or by creating continuing obligations such that he has "availed himself of the privilege of conducting business there." Burger King, 471 U.S. at 475-76; International Shoe, 326 U.S. at 316. These acts must be "such that [a defendant] should reasonably anticipate being haled into court [in the forum State]." World-Wide Volkswagen, 444 U.S. at 297. Further, the exercise of jurisdiction must comport with "traditional ...


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