Edwards v. Radventures, Inc.

164 F. Supp. 2d 190, 2001 U.S. Dist. LEXIS 21609, 2001 WL 1116898
CourtDistrict Court, D. Massachusetts
DecidedSeptember 13, 2001
DocketCiv.A. 00-40212-NMG
StatusPublished
Cited by9 cases

This text of 164 F. Supp. 2d 190 (Edwards v. Radventures, Inc.) 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
Edwards v. Radventures, Inc., 164 F. Supp. 2d 190, 2001 U.S. Dist. LEXIS 21609, 2001 WL 1116898 (D. Mass. 2001).

Opinion

MEMORANDUM & ORDER

GORTON, District Judge.

On the basis of diversity jurisdiction, the plaintiff, Paul Edwards (“Edwards”) filed suit in federal court against defendants Radventures, Inc. (“Radventures”) and Work Performance Products, Inc. (“WPP”) for personal injuries arising out of Edwards’ use of a product called the “Yetti Racer” monoski. The Yetti Racer mono-ski is allegedly manufactured by Radven-tures and contains “sub-component parts and sub-assemblies of [WPP]”. Edwards is a member of the United States Disabled ski team and was injured while using the monoski. Edwards asserts state law claims of negligence, breach of implied warranty of merchantability and breach of warranty of fitness for a particular purpose.

Defendant Radventures has filed, pursuant to Fed.R.Civ.P. 12(b)(2), a motion to dismiss plaintiffs claims with prejudice for lack of personal jurisdiction. Edwards responds in opposition to that motion that this Court has personal jurisdiction over Radventures pursuant to the Massachusetts long-arm statute, specifically, M.G.L. c. 223A, § 3(a) and (b).

I. Legal Standard

When challenged by the defendant, the plaintiff bears the burden of proving the existence of personal jurisdiction. Foster-Miller, Inc. v. Babcock & Wilcox Canada, 46 F.3d 138, 145 (1st Cir.1995). In considering the defendants’ 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 factfinder, but instead “accepts properly supported proffers of evidence by a plaintiff as true.” Id. at 675. Therefore, “while allegations of fact in an uncontroverted affidavit must be accepted as true for the purposes of a rule 12 motion, the plaintiff ... bears the burden of establishing sufficient facts on which to predicate jurisdiction over the defendant.” Stanton v. AM General Corp., 50 Mass.App.Ct. 116, 117, 735 N.E.2d 407 (Mass.App.Ct.2000) (citations and internal quotations omitted).

*193 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. Nowak v. Tak How Inv. Ltd., 899 F.Supp. 25, 27 (D.Mass.1995), aff 'd, 94 F.3d 708 (1st Cir.1996).

Plaintiff Edwards is a resident of Win-chenden, Massachusetts. Defendant Rad-ventures is an Oregon corporation with its principal place of business in Sherwood, Oregon. It was incorporated in 1991.

According to Edwards’ affidavit, in December, 1997, he attended a ski event called “Ski Spectacular” in Breckenridge, Colorado. Genie and Michael Goodman, the co-owners of Radventures, allegedly approached him to discuss his purchase of a Yetti monoski. Edwards contends that at the time, he did not place an order for a monoski but Michael Goodman took his measurements for one and provided him with Radventures order information.

Edwards asserts that he placed an order for the Yetti Racer monoski in October, 1998 by faxing his new measurements and his order form to Radventures from his home in Sudbury, Massachusetts. The contract for the purchase of the monoski provided for delivery to his home but, according to Edwards, when delivery was past due he requested that the monoski be rerouted to New Hampshire for his use in training for an upcoming ski competition. Edwards contends that Radventures sent copies of the purchase order invoice and Yetti Racer monoski documents to his home in Sudbury.

According to Radventures, its records indicate that Edwards solicited the order from Radventures by telephone in July, 1998, faxed in a measurement sheet in August, 1998 from Massachusetts, and received the ski in January, 1999 when Rad-ventures shipped it to Loon Mountain, New Hampshire. Almost immediately after receiving the monoski Edwards began to experience equipment and performance problems with it. He corresponded with the service and technical departments of Radventures, via telephone and electronic mail, on numerous occasions between December, 1998 and April, 1999, to discuss those problems.

In April, 1999 Edwards shipped from Massachusetts to Radventures in Oregon parts of his monoski seat and shock for repairs. After performing repairs on those parts, Radventures’ service department shipped them back to Edwards in Massachusetts. In July, 1999, Radven-tures sent correspondence to Edwards in Massachusetts soliciting his purchase of a new shock for his monoski.

Edwards attended a ski event in Breckenridge, Colorado on December 6, 1999. While he assisted beginner skiers and mo-noskiers on a beginner ski run and operated the subject monoski, it allegedly malfunctioned, throwing him from the monoski and causing serious and permanent injuries.

Radventures contends that (1) it does not regularly solicit business or derive revenue from goods used or consumed in the Commonwealth of Massachusetts, (2) it has no offices or facilities, no agents or employees, no bank accounts, and no real or personal property in Massachusetts, (3) it is not subject to taxation in Massachusetts, (4) it has never advertised or solicited business in Massachusetts, (5) none of its agents acting on its behalf advertises or solicits business in Massachusetts and (6) it has never instituted a lawsuit in the Commonwealth nor sought the application of Massachusetts law in any lawsuit.

Radventures’ sales figures indicate that since its inception in 1991, it has made sales to only six Massachusetts residents. *194 Of those six, one bought the ski in Colorado and carried it home to Massachusetts, while two others solicited the ski in New Hampshire. Since 1996, Radventures has made sales to individuals residing in Massachusetts in a total amount of $11,718. Those sales represented between 0.25% to 3.6% of Radventures’ gross sales for those years.

Radventures’ contends that its internet website did not go on-line until December, 1998, after Edwards ordered the product in question. To date that website has no on-line capacity but can only be used to submit measurement information, and orders must be made either by telephone or facsimile.

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Bluebook (online)
164 F. Supp. 2d 190, 2001 U.S. Dist. LEXIS 21609, 2001 WL 1116898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-radventures-inc-mad-2001.