HM&B Obtains Full Dismissal of Personal Injury Matter Against Two Entities on Personal Jurisdiction Grounds and Summary Judgment

Monteagudo v. BB Entertainment, Ltd. ,et. al.  No. 16-032785 CA 01 (11th Cir. Ct. Nov. 30, 2018).

HM&B Obtains Full Dismissal of Personal Injury Matter Against Two Entities on Personal Jurisdiction Grounds and Summary Judgment Against Florida Entity on Grounds it was an Improper Party

Dennis Monteagudo alleged personal injuries that occurred when he fell out of his wheelchair from a moving tram at a resort in the Bahamas. He claimed the wheelchair was not properly secured.  Plaintiff sued the Bahamian owner of the resort, a Bahamian entity that provided management services to the resort, and a Florida entity that provided services to the resort that included marketing and payroll. All three entities shared a common parent.   HMB partner, Carlos J. Chardon, handled the matter on behalf of all three entities, briefed the motions to dismiss and for summary judgment, and presented oral arguments before Judge Thomas Rebull of the 11^th Judicial Circuit Court in Miami, Florida.

The Bahamian entities moved to dismiss for lack of personal jurisdiction and the Florida entity moved for summary judgment on the grounds it was an improper party because it did not own or control the resort and lacked the requisite relationship with the Bahamian entities for purposes of the imposition of vicarious liability. The Court granted all motions at the conclusion of oral arguments, which occurred following jurisdictional discovery. The Court found that the Bahamian entities could not meet the “at home” test for general jurisdiction that the United States Supreme Court reinforced in Daimler v. Bauman. The Court also found that specific jurisdiction could not be exercised because the alleged incident did not arise out of forum-related contacts. The Court rejected Plaintiff’s arguments that sought impute the Florida contacts of the Florida entity onto the Bahamian entities and that characterized the Florida entity as an agent and joint venturer. The Court also granted the Florida entities motion for summary judgment finding that Plaintiff failed to proffer evidence establishing that it owned or controlled the resort.