Bennett v. Jack Dennis Whitewater Trips

925 F. Supp. 889, 1996 U.S. Dist. LEXIS 7064, 1996 WL 277384
CourtDistrict Court, D. Massachusetts
DecidedMay 24, 1996
DocketCiv. Action 95-40153-NMG
StatusPublished
Cited by5 cases

This text of 925 F. Supp. 889 (Bennett v. Jack Dennis Whitewater Trips) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett v. Jack Dennis Whitewater Trips, 925 F. Supp. 889, 1996 U.S. Dist. LEXIS 7064, 1996 WL 277384 (D. Mass. 1996).

Opinion

MEMORANDUM AND ORDER

GORTON, District Judge.

Massachusetts residents, Lois and Paul Bennett (“the Bennetts”), filed a three-count Complaint against the defendant, Jack Dennis Whitewater Trips, d/b/a Dave Hansen Whitewater (“Dave Hansen Whitewater”), a Wyoming corporation. Plaintiffs’ state law tort claims arise out injuries suffered by Mrs. Bennett while on a whitewater rafting excursion conducted by defendant on the Snake River in Jackson, Wyoming. This Court’s subject matter jurisdiction is premised upon the parties’ diversity of citizenship. See 28 U.S.C. § 1382(a)(1).

In their Complaint, plaintiffs allege that on August 14,1993, they took a whitewater raft *892 ing trip conducted by Dave Hansen Whitewater. Defendant provided the raft and the services of a guide to navigate the river. At the conclusion of the trip, the passengers disembarked at a concrete ramp extending from the beach area into the river. Upon arriving at the ramp, the guide instructed the passengers, including the Bennetts, to assist in flipping the raft over to drain it of water and in dragging the raft onto the upper portion of the ramp. While complying, Mrs. Bennett lost her footing on the ramp, landed on an uneven and rocky surface of the riverbed, and suffered a fractured left leg and torn cartilage in her left knee.

The plaintiffs filed their complaint in this Court on August 17, 1995. On October 3, 1995, the defendant filed a motion to dismiss for lack of personal jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(2). Defendant argues that its contacts with Massachusetts are sufficient to satisfy- neither the Massachusetts long-arm statute nor the due process clause of the United States Constitution. Plaintiffs oppose the motion. Upon consideration of the briefs filed by the parties and the oral arguments presented at a hearing on the motion, this Court concludes that defendant’s motion should be allowed.

I. Legal Standard

WJien challenged by defendant, the plaintiff bears the burden of proving the existence of personal jurisdiction. See Foster-Miller, Inc. v. Babcock & Wilcox Canada, 46 F.3d 138, 145 (1st Cir.1995). In considering defendant’s motion, this Court employs the prima facie standard, under which the Court considers whether the plaintiffs have proffered evidence that, “if credited, is enough to support findings of all facts essential to personal jurisdiction.” Boit v. Gar-Tec Products, Inc., 967 F.2d 671, 675 (1st Cir.1992). When determining whether a prima facie showing has been made, this Court does not act as a factfin-der, but instead “accepts properly supported proffers of evidence by a plaintiff as true.” Boit, 967 F.2d at 675.

II. Factual Background

Because questions of personal jurisdiction involve detailed examination of the particular circumstances of each case, facts of jurisdictional significance must be set forth at some length. See Nowak v. Tak How Investment Ltd., 899 F.Supp. 25, 27 (D.Mass.1995). To demonstrate their prima facie case for personal jurisdiction, plaintiffs rely principally upon an affidavit (and accompanying exhibits) submitted by Mrs. Bennett. Plaintiffs also contend, however, that statements máde by the president of defendant in an affidavit filed in support of its motion provide further evidence that the exercise of personal jurisdiction is appropriate.

Defendant is a Wyoming corporation with its only place of business in Jackson, Wyoming. All of the officers and employees of defendant are Wyoming residents. Dave Hansen Whitewater has no Massachusetts office, telephone number, bank accounts or post office box in the Commonwealth. See Affidavit of David Hansen (“Hansen Aff.”). Defendant sends no brochures or promotional material to the Commonwealth unless directly contacted by a Massachusetts resident and requested to do so. 1 Id. at ¶ 11. No employee of defendant has ever attended any travel shows, conventions, or trade shows within the Commonwealth.

The only business relationship between defendant and any east coast travel agency or tour promoter is with the Pawtucket, Rhode Island office of Collette Tours, Inc. (“Collette Tours”). 2 Once each year, the Pawtucket, Rhode Island office of Collette Tours contacts Dave Hansen Whitewater to request a price for whitewater rafting trips to be offered to customers of Collette Tours while on such tours in the Jackson, Wyoming area. Hansen Aff. at ¶ 12. Defendant provides Collette Tours with a price quote that is guaranteed for the ensuing year. Id.

*893 Thereafter, Collette Tours offers the whitewater rafting trip as an available activity as part of its larger tour package to its customers. Id. Usually, a Collette Tours representative contacts defendant approximately two days before a group’s arrival in the Jackson area to notify defendant how many of its customers wish to participate in a rafting trip. Id. Patrons of Collette Tours who choose to take the whitewater excursion comprise approximately 10% of the defendant’s total annual business; of that 10%, defendant “estimate[s] that approximately l%-2% of those individuals are Massachusetts residents.” Id. at ¶¶ 14-15. At no relevant time did any employee of defendant have any conversation or business dealings with any Massachusetts office of Collette Tours. Id. at ¶ 18.

In early 1993, Mrs. Bennett sought information about touring various national parks in the western United States from GIT Travel, Inc. (“GIT Travel”), a travel agency in Leominster, Massachusetts. GIT Travel provided literature to the Bennetts regarding a 13-day “National Parks Tour” sponsored by Collette Tours. Bennett Aff. at ¶ 3. The “National Parks Tour” included a stop in Jackson, Wyoming and provided an option of “river raft trips,” although the brochure contained no reference to Dave Hansen Whitewater. See Bennett Aff., Exhibit A. The opportunity to participate in a rafting trip was an important factor in the plaintiffs’. decision to take the “National Parks Tour.” Bennett Aff. at ¶ 5.

The Bennetts paid for the August, 1993, tour by check to GIT Travel, which forwarded the payment to Collette Tours. Id. at ¶ 6. Plaintiffs then received an itinerary and agenda from Collette Tours in a GIT Travel folder. Id. At that time, the Bennetts learned that Collette Tours would provide a tour guide for the “National Parks Tom'” and that GIT Travel was an agent of Collette Tours. On page 75 of its brochure, Collette Tours states that:

In all matters relating to the making of arrangements for ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Putnam v. EPR Properties
D. Massachusetts, 2025
Mazur v. S&A Construction, LLC
15 Mass. L. Rptr. 195 (Massachusetts Superior Court, 2001)
Fairview MacHine & Tool Co. v. Oakbrook International, Inc.
56 F. Supp. 2d 134 (D. Massachusetts, 1999)
Kreis v. Boca Chica Resort
D. New Hampshire, 1997
Poitras v. Greenberg
D. New Hampshire, 1997

Cite This Page — Counsel Stack

Bluebook (online)
925 F. Supp. 889, 1996 U.S. Dist. LEXIS 7064, 1996 WL 277384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-jack-dennis-whitewater-trips-mad-1996.