Fields v. Ramada Inn, Inc.

816 F. Supp. 1033, 1993 U.S. Dist. LEXIS 3158, 1993 WL 82066
District Court, E.D. Pennsylvania·Decided March 4, 1993·No. Civ. A. 92-4580·Published·Cited by 12 cases

Opinion

MEMORANDUM AND ORDER

BRODY, District Judge.

The primary issue presented by defendants’ motion to dismiss pursuant to Fed. R.CÍV.P. 12(b)(2) is twofold: whether the evidence presented by plaintiff, Mary Fields (“Fields”); including brochures published by Ramada Inn, Inc. (“Ramada”), an “800” telephone reservation number and a worldwide directory, (1) adequately shows that non-resident defendants R. Wayne Lowe (“Lowe”) d/b/a Lumberton Hotel Associates, Bartlett Johnson (“Johnson”) and Summit Hotel Management Company (“Summit”) systematically and continuously conduct business in Pennsylvania; or whether (2) Fields’ cause of action arose from the defendants’ minimum contacts with the forum state, Pennsylvania. Currently pending before me is the defendants, Ramada Inn, Inc. (“Ramada”), Summit, Lumberton Hotel Associates, Lowe and Johnson’s motion to dismiss plaintiffs complaint against defendants, Lowe, Summit and Johnson 1 pursuant to Fed.R.Civ.P. 12(b)(2) for lack of personal jurisdiction. At an evi-dentiary healing held on February 16, 1993, counsel for the parties agreed that Ramada is not contesting this court’s assertion of jurisdiction and that the action against Lum-berton Hotel Associates is stayed because of bankruptcy proceedings currently ongoing in Georgia. (Evidentiary Hearing Transcript p. 4-5).

PARTIES

The plaintiff, Mary Fields, is a resident of Philadelphia, Pennsylvania and the duly ap *1035 pointed Administratrix of her deceased daughter, Allegra Mack’s estate.

Summit is a Florida corporation with its principal place of business in Indialantie, Florida. (Plaintiffs Complaint para. 6). Summit’s business is the management of the Ramada Inn of Lumberton, North Carolina. Summit does not own or operate any hotels or other property in Pennsylvania. (Affidavit of Leon Volker, President of Summit).

Lowe is the sole general partner of Lum-berton Hotel Association, a North Carolina limited partnership that owns and operates the Ramada Inn of Lumberton, North Carolina. (Plaintiffs Complaint para. 10-11; Affidavit of R. Wayne Lowe).

Johnson was the general manager of the Ramada Inn of Lumberton, North Carolina at the time this cause of action arose. (Plaintiffs Complaint para. 12). At present, Johnson is a resident of Florida. (Affidavit of Bartlett Johnson).

INTRODUCTION

This is a wrongful death action based upon diversity jurisdiction. Plaintiff brings this action on her own behalf and on behalf of her deceased daughter, Allegra Mack’s, estate. According to plaintiffs complaint and response to the motion to dismiss, in August 1990 Allegra Mack was on a bus trip from Philadelphia to Walt Disney World in Florida with her mother and other members of a church group. On the way to Florida, the church group stopped - for a night at the Ramada Inn of Lumberton, North Carolina. Lamb’s Travel Center, a Philadelphia travel agency, made these accommodation arrangements and confirmed the church group’s reservation by letter.

After arriving at the hotel, Allegra and some of the other church group members went to the hotel pool. Allegra apparently drowned in the pool and although she received medical attention died six days later.

At the evidentiary hearing on February 16, 1993, plaintiff presented the following evidence to support her claim that this court’s exercise of personal jurisdiction over Lowe, Summit and Johnson is proper: (a) a brochure page which lists an “800” telephone number for Ramada and includes a photograph of the Ramada Inn of Lumberton and a map to the Ramada Inn of Lumberton; (b) Johnson’s business card as the general manager of the Ramada Inn of Lumberton; (c) the cover sheet of the Ramada worldwide directory which includes a listing for the Ramada Inn of Lumberton; (d) the Ramada license agreement between Ramada and L. H. Inc. and signed by Lowe as president of L.H. Inc.; (e) the 1988 Ramada quality assurance program listing standards of service and rules of operation; (f) the Ramada quality assurance program setting forth construction and refurbishing standards; (g) Ramada license application; (h) the Bentwood Joint Venture agreement; (i) the Lumberton agreement between Bentwood and Lumber-ton Hotel Associates; and (j) the articles of incorporation for Driftwood Management Co., Inc. with an amendment which changes its name to Summit Hotel Management Co.

DISCUSSION

Fields bears the burden of proving that defendants’ contacts with this jurisdiction satisfy- due process for the purpose of my exercise of personal jurisdiction over them. Wright v. American Standard, Inc., 637 F.Supp. 241 (E.D.Pa.1985); Time Share Vacation Club v. Atlantic Resorts, Ltd., 735 F.2d 61, 63 (3d Cir.1984).

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Fields v. Ramada Inn, Inc., 816 F. Supp. 1033, 1993 U.S. Dist. LEXIS 3158, 1993 WL 82066 (E.D. Pa. 1993).

816 F. Supp. 1033 (Fields v. Ramada Inn, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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