TT&H Attorney Amanda Hennessey Persuades Federal Judge to Dismiss Her Clients from Federal Lawsuit for Lack of Personal Jurisdiction

TT&H Attorney Amanda Hennessey recently won a full dismissal in the Middle District of Pennsylvania.  Judge Sylvia H. Rambo authored the Opinion granting the dismissal.  Amanda had represented the operator of an ocean-container terminal (“the Terminal”) and an organization that was a limited partner in a limited partnership, which was in turn a limited partner in the ocean terminal corporation (“Limited Partner”).

Plaintiff, an allegedly experienced commercial truck driver, was working as an independent contractor for a company in Pottsville, Pennsylvania.  He owned and operated a truck with an attached twenty-foot trailer.  He received an order from the Pottsville company directing him to pick up a load from the Terminal in Jersey City, New Jersey, and to transport it to Mechanicsburg, Pennsylvania.

Plaintiff arrived the same day at the Terminal and received a previously loaded ocean freight container that allegedly exceeded the maximum safe weight limit.  The employees of the Terminal placed the container onto Plaintiff’s truck.  On his way to the delivery location in Mechanicsburg, he lost control of his tractor-trailer, which flipped over and caught fire, allegedly resulting in serious and permanent injuries.  Plaintiff and his spouse filed a Complaint alleging claims for negligence and loss of consortium.

The Terminal swore by Affidavit that it was incorporated in Delaware, and Limited Partner swore by Affidavit that it was organized and did business in Canada.  Both Defendants had never conducted or solicited business in Pennsylvania, did not have property or employees in Pennsylvania, and did not load the container or direct the movement of the container.  Therefore, the Defendants were not subject to general jurisdiction, as they lacked continuous and systematic contacts with Pennsylvania and were not at home in the state.  Plaintiffs also failed to make a prima facie showing of specific personal jurisdiction because there was no indication, other than Plaintiffs’ bare allegations in the Complaint, that the Defendants purposefully directed activities at Pennsylvania.  Therefore, Plaintiffs’ Complaint was dismissed for lack of personal jurisdiction.

Questions about this case can be directed to Amanda Hennessey at (717) 237-7103 or ahennessey@tthlaw.com.