This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Negligence

Johnathan Salas v. Facultatieve Technologies The Americas, Inc.; Incinerator Specialists, Inc; and Does 1 through 100, inclusive

Published: Jan. 4, 2019 | Result Date: Nov. 9, 2018 |

Case number: 1:17-cv-00335-LJO-BAM. Bench Decision –  Defense

Judge

Lawrence J. O'Neill

Court

USDC Eastern District of California


Attorneys

Plaintiff

David P. Mastagni
(Mastagni Holstedt APC) Jonathan Salas

Phillip J. Ebsworth
(Seyfarth Shaw LLP) Jonathan Salas

Phillip R.A. Mastagni
(Mastagni Holstedt APC) Jonathan Salas

Grant A. Winter
(Mastagni Holstedt APC) Jonathan Salas


Defendant

Timothy J. Ryan
(Bold Polisner Maddow Nelson & Judson) Facultatieve Technologies Limited

Nathaniel R. Lucey
(Sweeney Mason LLP) Facultatieve Technologies The Americas, Inc. & Incinerator Specialists, Inc.


Facts

Jonathan Salas filed suit against Facultatieve Technologies Ltd., a foreign company, in relation to injuries sustained from operating a mechanical loading table at a funeral home.

Contentions

PLAINTIFF'S CONTENTIONS: Salas contended that the federal court had specific jurisdiction over defendant. Salas argued that specific jurisdiction was satisfied because defendant shipped the mechanical table, specified the fabrication dimensions, communicated that United States was the final destination to the fabricator, and provided components. Plaintiff further contended that defendant was present during an installation in California, converted the measuring units from metric to imperial units, wrote the operations manual to be used in the U.S, and maintained an electronic link to the product.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations. Defendant claimed that they were merely an intermediary shipper and that any manuals authored by defendant were in regards to a cremator, which is a distinct product than a loading table.

Result

The court granted defendant's motion to dismiss. The court determined the evidence presented by Salas only established that defendant was aware that components it shipped to another company would end in the U.S., which is insufficient to establish specific jurisdiction for defendant.


#130647

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390