Fischer v. BMW of N. Am., LLC

376 F. Supp. 3d 1178
CourtDistrict Court, D. Colorado
DecidedMarch 25, 2019
DocketCivil Action No. 18-cv-00120-PAB-MEH
StatusPublished
Cited by8 cases

This text of 376 F. Supp. 3d 1178 (Fischer v. BMW of N. Am., LLC) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fischer v. BMW of N. Am., LLC, 376 F. Supp. 3d 1178 (D. Colo. 2019).

Opinion

PHILIP A. BRIMMER, Chief United States District Judge

This matter comes before the Court on Defendant Bayerische Motoren Werke Aktiengesellschaft's Amended Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) [Docket No. 46]. The Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1332.

I. BACKGROUND1

On or about January 14, 2016, plaintiff was changing the front tire of a 2003 BMW when the tire jack and/or jacking point failed, causing the vehicle to drop and pin plaintiff's finger between the asphalt and a lug wrench. Docket No. 1 at 3, ¶¶ 9, 12-13. As a result of the incident, plaintiff suffered permanent injuries, including the amputation of a portion of his middle finger. Id. , ¶ 13.

Plaintiff filed this lawsuit on January 16, 2018 asserting claims for strict product liability, negligence, and breach of warranty against various entities involved in the manufacture and distribution of the jack and jacking point involved in the incident. Docket No. 1. On July 6, 2018, defendant Bayerische Motoren Werke Aktiengesellschaft, a German automobile manufacturer, moved to dismiss plaintiff's claims against it for lack of personal jurisdiction. Docket No. 46. Plaintiff filed a response to the motion on August 3, 2018. Docket No. 53. Defendant filed a reply on August 24, 2018. Docket No. 55.

II. LEGAL STANDARD2

The purpose of a motion to dismiss under Rule 12(b)(2) is to determine whether the Court has personal jurisdiction over a defendant. The plaintiff bears the burden of establishing personal jurisdiction. Rambo v. Am. S. Ins. Co. , 839 F.2d 1415, 1417 (10th Cir. 1988). The plaintiff can satisfy its burden by making a prima facie showing. Dudnikov , 514 F.3d at 1070. The Court will accept the well-pleaded allegations of the complaint as true in determining whether plaintiff has made a prima facie showing that personal *1182jurisdiction exists. AST Sports Sci., Inc. v. CLF Distribution Ltd. , 514 F.3d 1054, 1057 (10th Cir. 2008). If the presence or absence of personal jurisdiction can be established by reference to the complaint, the Court need not look further. Id. The plaintiff, however, may also make this prima facie showing by putting forth evidence that, if proven to be true, would support jurisdiction over the defendant. Dudnikov , 514 F.3d at 1070. "[A]ny factual disputes in the parties' affidavits must be resolved in plaintiffs' favor." Id.

III. ANALYSIS

"In determining whether a federal court has personal jurisdiction over a defendant, the court must determine (1) whether the applicable statute potentially confers jurisdiction by authorizing service of process on the defendant and (2) whether the exercise of jurisdiction comports with due process." Niemi v. Lasshofer , 770 F.3d 1331, 1348 (10th Cir. 2014) ; Trujillo v. Williams , 465 F.3d 1210, 1217 (10th Cir. 2006) (quoting Peay v. BellSouth Med. Assistance Plan , 205 F.3d 1206, 1209 (10th Cir. 2000) ). The Colorado long-arm statute, Colo. Rev. Stat. § 13-1-124, has been construed to extend jurisdiction to the full extent permitted by the Constitution, so the jurisdictional analysis here reduces to a single inquiry of whether jurisdiction offends due process. See Pro Axess, Inc. v. Orlux Distrib., Inc. , 428 F.3d 1270, 1276 (10th Cir. 2005) ; Archangel Diamond Corp. v. Lukoil , 123 P.3d 1187, 1193 (Colo. 2005). Personal jurisdiction comports with due process where a defendant has minimum contacts with the forum state and where those contacts are such that assuming jurisdiction does not offend "traditional notions of fair play and substantial justice." Int'lShoe Co. v. Wash. , 326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95 (1945). Minimum contacts may be established under the doctrines of general jurisdiction or specific jurisdiction. Where general jurisdiction is asserted over a nonresident defendant who has not consented to suit in the forum, minimum contacts exist if the plaintiff demonstrates that the defendant maintains "continuous and systematic general business contacts" in the state. OMI Holdings, Inc. v. Royal Ins. Co. of Canada , 149 F.3d 1086, 1091 (10th Cir. 1998). Plaintiff does not argue that defendant is subject to general jurisdiction in Colorado. See Docket No.

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376 F. Supp. 3d 1178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fischer-v-bmw-of-n-am-llc-cod-2019.