Wilson v. Highpointe Hospitality, Inc.


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Docket Number: 2010-CA-00193-COA

Court of Appeals: Opinion Link
Opinion Date: 05-17-2011
Opinion Author: Ishee, J.
Holding: Affirmed.

Additional Case Information: Topic: Personal injury - Personal jurisdiction - Long-arm statute - Section 13-3-57 - Nonresident corporation
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts and Carlton, JJ.
Non Participating Judge(s): Maxwell, J.
Procedural History: Dismissal
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 12-28-2009
Appealed from: Warren County Circuit Court
Judge: HON. M. JAMES CHANEY JR.
Disposition: Motion to Dismiss for Lack of Personal Jurisdiction Granted
Case Number: 07,0145-CI

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Brandon Wilson, a Minor, Individually and By and Through His Father and Next Friend, Barney Wilson




CARROLL RHODES



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Highpointe Hospitality, Inc. and Darryl LaPointe SANDRA D. BUCHANAN  

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    Topic: Personal injury - Personal jurisdiction - Long-arm statute - Section 13-3-57 - Nonresident corporation

    Summary of the Facts: Brandon Wilson was injured in a swimming pool at a Hampton Inn Hotel located in New Orleans. The Hotel was managed by defendant, Highpointe Hospitality, the president of which was Darryl LaPointe. Highpointe is a Florida corporation authorized to do business in Louisiana, and LaPointe is a Florida resident. In October 2007, Brandon’s father, Barney Wilson, filed suit on Brandon’s behalf, naming Highpointe and LaPointe, among others, as defendants. Thereafter, Highpointe and LaPointe filed a motion to dismiss for lack of personal jurisdiction. The circuit court granted the motion. Wilson appeals.

    Summary of Opinion Analysis: To determine if a Mississippi court may exercise jurisdiction over a non-resident defendant, the court considers whether a defendant is amenable to suit in Mississippi by virtue of the state’s long-arm statute, section 13-3-57; and, if so, whether a defendant is amenable to suit consistent with due process. In order for a Mississippi court to establish personal jurisdiction over a defendant, the plaintiff must show that the defendant falls within the “contract,” “tort,” or the “doing business” prong of the long-arm statute. To be considered as “doing business,” the defendant must meet the following requirements: the nonresident corporation must purposefully do some act or consummate a transaction in Mississippi; the cause of action must either arise from or be connected with the act or transaction; and the assumption of jurisdiction by Mississippi must not offend traditional notions of fair play and substantial justice. In this case, Highpointe and LaPointe did not enter into a contract with a Mississippi resident to be performed in any way, shape, or form in Mississippi. Nor did Highpointe and LaPointe commit a tort in Mississippi. Any injury or damages to Wilson would have occurred in Louisiana. Regardless, Wilson claims personal jurisdiction attaches in that Highpointe and LaPointe were “doing business” in Mississippi due to the advertising which was conducted by Hilton Hotels Corporation on behalf of its franchise, Hampton Inn Hotels. The record shows that Highpointe and LaPointe did not purposefully do any act or consummate any transaction in Mississippi. While Wilson asserts that the advertising in question constitutes “doing business” in Mississippi, neither Highpointe nor LaPointe were involved in the advertising. The advertising was planned and executed solely by Hilton Hotels Corporation as part of a national, generalized advertising plan. Neither Highpointe nor LaPointe do business in Mississippi; neither have any connection to Mississippi; and they have not received any benefits or protections from Mississippi. Additionally, the church sponsoring the field trip during which Brandon was injured, initiated the phone call to the Hotel in order to solicit information from the Hotel. Accordingly, it is clear that neither Highpointe nor LaPointe has purposefully availed itself to the State of Mississippi.


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