Jensen v. RLK & CO.

534 N.W.2d 719
CourtCourt of Appeals of Minnesota
DecidedJuly 25, 1995
DocketC7-95-209
StatusPublished

This text of 534 N.W.2d 719 (Jensen v. RLK & CO.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jensen v. RLK & CO., 534 N.W.2d 719 (Mich. Ct. App. 1995).

Opinion

534 N.W.2d 719 (1995)

Jack JENSON, a Trustee for the Heirs and Next-of-Kin of Jessica Jenson, Respondent,
v.
R.L.K. & CO., d/b/a Timberline Lodge, an Oregon Corporation, Appellant,
Afton Advantage, Inc., d/b/a Afton Advantage Sports Camp, Lindsey Ahlstrom, Respondents.

No. C7-95-209.

Court of Appeals of Minnesota.

July 25, 1995.
Review Denied September 20, 1995.

*721 J. Michael Dady, Ronald K. Gardner, J. Michael Dady & Associates, P.A., Minneapolis, for Jack Jenson.

Brian N. Johnson, Sheila T. Kerwin, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for R.L.K. & Co.

Thomas E. Marshall, Mackall, Crounse & Moore, Minneapolis, for Afton Advantage Inc.

Kenneth W. Dodge, Meagher & Geer, Minneapolis, for Lindsey Ahlstrom.

Considered and decided by LANSING, P.J., and KALITOWSKI and PETERSON, JJ.

OPINION

KALITOWSKI, Judge.

R.L.K. & Co., d/b/a/ Timberline Lodge (Timberline) appeals the order denying its motion to dismiss for lack of personal jurisdiction.

FACTS

R.L.K. & Co. is an Oregon corporation that owns and operates the Timberline Lodge on Mt. Hood in Oregon. Timberline's principal place of business is in Oregon. Timberline maintains no business office in Minnesota, does not own any real or personal property within Minnesota, does not have an agent to accept service of process within Minnesota, and has no Minnesota residents serving as officers or employees. Timberline does, however, advertise in national magazines which make their way into Minnesota. Afton Advantage, Inc. (Afton) is a Minnesota corporation that runs ski racing training camps for children and teenagers.

In 1991, Afton contacted Timberline to inquire about its summer skiing opportunities. Timberline sent Afton a brochure outlining its registration requirements and available summer sessions. These contacts were either by mail or by telephone. According to the registration requirements, Afton had to obtain: (1) a $1 million liability policy naming R.L.K. & Co. and Timberline as named additional insureds; (2) a liability and release agreement for each racer; and (3) a $150 deposit.

In addition to Afton, Timberline had contact with Minnesota through its relationship with another ski racing camp, Erich Sailer Ski Racing Camp (Sailer). Timberline and Sailer began their business relationship in 1992. Sailer followed the same registration requirements as set forth above. Sailer also held ski race camps at Timberline in 1993 and 1994.[1]

In 1992, Afton contacted Timberline and again decided to hold its summer ski camp at that location. Afton recruited the racers, one of whom was Jessica Jenson, a 17-year-old Minnesota resident. Afton obtained the required insurance policy in Minnesota and the required deposit and mailed them to Timberline. Afton also included a liability and release agreement, which each racer was required to sign.

Camp was held from June 25 through July 10, 1992. On July 2, Jessica Jenson was practicing turns across the lower portion of the mountain when Lindsey Ahlstrom, another Minnesota resident, ran into her causing her to be thrown into some rocks. Jenson lapsed into a coma and died.

Jack Jenson, Jessica's father, sued Timberline, Afton, and Ahlstrom in Minnesota. Timberline moved for summary judgment arguing that the district court lacked personal jurisdiction. The court denied the motion, and Timberline appeals.

*722 ISSUE

Is the exercise of personal jurisdiction over Timberline by the State of Minnesota proper?

ANALYSIS

An order denying a motion to dismiss for lack of personal jurisdiction is appealable as a matter of right. Stanek v. A.P.I., Inc., 474 N.W.2d 829, 831 (Minn.App. 1991), pet. for rev. denied (Minn. Oct. 31, 1991), cert. denied, 503 U.S. 977, 112 S.Ct. 1603, 118 L.Ed.2d 316 (1992). Whether personal jurisdiction exists is a question of law, which this court reviews de novo. Id. at 832.

A court may exercise personal jurisdiction over a nonresident defendant if: (1) the requirements of the long-arm statute, Minn.Stat. § 543.19 (1994), are met;[2] and (2) there are sufficient minimum contacts to satisfy constitutional due process requirements. Id. Minnesota's long-arm statute is coextensive with the constitutional limits of due process. Valspar Corp. v. Lukken Color Corp., 495 N.W.2d 408, 410 (Minn.1992). In other words:

If the personal jurisdiction requirements of the federal constitution are met, the requirements of the long-arm statute will necessarily be met also. Thus, * * * Minnesota courts may simply apply the federal case law.

Id. at 411.

Under the Due Process Clause, jurisdiction over a nonresident defendant is proper only if the defendant has "certain minimum contacts with [the forum state] such that the maintenance of the suit does not offend `traditional notions of fair play and substantial justice.'" International Shoe v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945) (quoting Milliken v. Meyer, 311 U.S. 457, 463, 61 S.Ct. 339, 343, 85 L.Ed. 278 (1940)). In making this determination, the court focuses on "the relationship among the defendant, the forum, and the litigation." Shaffer v. Heitner, 433 U.S. 186, 204, 97 S.Ct. 2569, 2580, 53 L.Ed.2d 683 (1977). A nonresident defendant's conduct and connections with the forum state must be such that the defendant "should reasonably anticipate being haled into court there." World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297, 100 S.Ct. 559, 567, 62 L.Ed.2d 490 (1980).

There are two types of jurisdiction: general and specific. Helicopteros Nacionales v. Hall, 466 U.S. 408, 414 nn. 8-9, 104 S.Ct. 1868, 1872 nn. 8-9, 80 L.Ed.2d 404 (1984); Valspar, 495 N.W.2d at 411. General jurisdiction exists when a defendant has "continuous and systematic" contacts with the forum state. Helicopteros Nacionales, 466 U.S. at 415-16, 104 S.Ct. at 1872-73. For purposes of specific jurisdiction, a single contact with the forum state may give rise to jurisdiction if the cause of action arose out of the contact. See McGee v. International Life Ins., 355 U.S. 220, 223, 78 S.Ct. 199, 201, 2 L.Ed.2d 223 (1957) (insurance contract with nonresident insurer); Marquette Nat'l Bank v. Norris, 270 N.W.2d 290, 295 (Minn.1978) (bank renewed loans to nonresident obligors).

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Bluebook (online)
534 N.W.2d 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jensen-v-rlk-co-minnctapp-1995.