Rachel Tanibajeva v. Skytop Lodge Corp, et al.

CourtDistrict Court, M.D. Pennsylvania
DecidedFebruary 25, 2026
Docket3:23-cv-01846
StatusUnknown

This text of Rachel Tanibajeva v. Skytop Lodge Corp, et al. (Rachel Tanibajeva v. Skytop Lodge Corp, et al.) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rachel Tanibajeva v. Skytop Lodge Corp, et al., (M.D. Pa. 2026).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA RACHEL TANIBAJEVA,

Plaintiff, CIVIL ACTION NO. 3:23-CV-01846 v. (MEHALCHICK, J.) SKY TOP LODGE CORP, et al.,

Defendants. MEMORANDUM On October 2, 2023, Plaintiff Rachel Tanibajeva (“Tanibajeva”) initiated this action by filing a complaint. (Doc. 1). On September 30, 2024, Tanibajeva filed the operative second amended complaint against Defendants Skytop Lodge Corporation d/b/a Skytop Lodge (“Skytop”), Edelrid GmbH & Co., KG d/b/a Edelrid (“Edelrid”), Edelrid North America d/b/a Edelrid (“Edelrid NA”), Challenges Unlimited, Inc. (“CUI”), Challenges Design Innovations, Inc. and/or High Country Hardware (“CDI”), and Petzl America, Inc. (“Petzl”) (collectively, “Defendants”). (Doc. 82). Presently before the Court are motions to dismiss for lack of personal jurisdiction filed by CUI and Edelrid. (Doc. 123; Doc. 124). For the following reasons, CUI’s motion (Doc. 123) is DENIED and Edelrid’s motion (Doc. 124) is GRANTED. I. BACKGROUND AND PROCEDURAL HISTORY The following background is taken from the second amended complaint and, for the purposes of the instant motion, is taken as true. (Doc. 82). On October 24, 2021, Tanibajeva, a resident and citizen of New York, went ziplining at Skytop Lodge, a Pennsylvania resort owned and operated by Skytop. (Doc. 82, ¶¶ 1, 2, 32, 41). Plaintiff wore Edelrid ziplining equipment, including an Edelrid Connecto Swivel, a ziplining harness component which connects a ziplining harness to a belay, which in turn connects to a ziplining cable. (Doc. 82, ¶ 38). While Tanibajeva was ziplining, the lower ring of the Edelrid Connecto Swivel failed and caused Tanibajeva to fall twelve feet to the ground. (Doc. 82, ¶ 39). Edelrid and CUI manufacture and supply ziplining equipment, including the ziplining equipment that Tanibajeva used on the day of her accident. (Doc. 82, ¶ 3, 7). Edelrid is a German corporation.

(Doc. 82, ¶ 3). Edelrid NA is an Edelrid subsidiary incorporated and with its principal place of business in Oregon. (Doc. 82, ¶ 4). CUI is incorporated in and with a principal place of business in Canada. (Doc. 82, ¶ 6). CDI is a North Carolina corporation that also manufactures and supplies ziplining equipment, including equipment used at Skytop Lodge at the time of Tanibajeva’s accident. (Doc. 82, ¶ 7). In the operative complaint, Tanibajeva alleges that Defendants are strictly liable for providing Tanibajeva with defective ziplining equipment and liable for negligence in relation to her ziplining accident. (Doc. 82). On October 23, 2024, CDI filed a crossclaim against Skytop, Petzl, Edelrid, Edelrid NA, and CUI alleging that it is entitled to contribution and/or

indemnification from Skytop, Petzl, Edelrid, Edelrid NA, and CUI in the event it is found liable for Tanibajeva’s injuries. (Doc. 83, at 25-26). On November 4, 2024, Skytop filed a crossclaim against CDI, Petzl, Edelrid, Edelrid NA, and CUI alleging it is entitled to indemnification and/or contribution from CDI, Petzl, Edelrid, Edelrid NA, and CUI in the event it is found liable for Tanibajeva’s injuries. (Doc. 92, at 14). CUI and Edelrid previously moved to dismiss this action for lack of personal jurisdiction. (Doc. 46; Doc. 72). The Court denied CUI and Edelrid’s first motions without prejudice but permitted the parties to conduct limited discovery on the issue of jurisdiction. (Doc. 79, at 15-18). After conducting limited discovery, on July 3, 2025, CUI and Edelrid filed renewed motions to dismiss for lack of jurisdiction. (Doc. 123; Doc. 125; Doc. 125; Doc. 126). II. LEGAL STANDARD Under Rule 12(b)(2) of the Federal Rules of Civil Procedure, a defendant may move

to dismiss a claim for lack of personal jurisdiction. Like with Rule 12(b)(6) motions to dismiss, courts accept all allegations in a complaint as true when evaluating Rule 12(b)(2) motions. See Pinker v. Roche Holdings Ltd., 292 F.3d 361, 368 (3d Cir. 2002); see also In re Chocolate Confectionary Antitrust Litig., 602 F. Supp. 2d 538, 556 (M.D. Pa. 2009). However, unlike with a Rule 12(b)(6) motion, under Rule 12(b)(2), a defendant may present an affidavit contradicting the plaintiff’s allegations establishing personal jurisdiction, and once a defendant presents such an affidavit, the plaintiff “must present similar evidence in support of personal jurisdiction.” Chocolate Confectionary Antitrust Litig., 602 F. Supp. 2d at 556. A court may order limited discovery on the issue of personal jurisdiction and consider the evidence

adduced during that discovery while deciding on a Rule 12(b)(2) motion. See Chocolate Confectionary Antitrust Litig., 602 F. Supp. 2d at 572-73; see also Bertles v. Cycle Grp., No. CV 18- 4707, 2020 WL 1028044, at *4 (E.D. Pa. Mar. 3, 2020). A Federal Court may exercise personal jurisdiction over a non-resident defendant to the extent permissible under the laws of the state in which the court sits. Mellon Bank (E.) PSFS, Nat. Ass'n v. Farino, 960 F.2d 1217, 1221 (3d Cir. 1992) (citation omitted). The forum state in this instance is Pennsylvania, and the applicable long arm statute is codified at 42 Pa. Stat. and Cons. Stat. Ann. § 5322(b). This statute permits courts in Pennsylvania to exercise jurisdiction “to the fullest extent allowed under the Constitution of the United States and may

be based on the most minimum contact with this Commonwealth allowed under the Constitution of the United States.” 42 Pa. Stat. and Cons. Stat. Ann. § 5322(b). Thus, this Court may properly exercise jurisdiction over Defendants so long as it does not violate their due process rights. See Mellon Bank, 960 F.2d at 1221. With respect to this constitutional inquiry, the “Due Process Clause of the Fourteenth

Amendment requires that nonresident defendants have ‘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.’” Kehm Oil Co. v. Texaco, Inc., 537 F.3d 290, 299-300 (3d Cir. 2008) (quoting Int’l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)). “Having minimum contacts with another state provides ‘fair warning’ to a defendant that he or she may be subject to suit in that state.” Kehm Oil, 537 F.3d at 299-300 (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985)). As such, personal jurisdiction under the Due Process Clause depends upon “the relationship among the defendant[s], the forum, and the litigation.” Shaffer v. Heitner, 433 U.S. 186, 204 (1977).

There are two types of personal jurisdiction over non-resident defendants—general jurisdiction and specific jurisdiction. O’Connor v. Sandy Lane Hotel Co., 496 F.3d 312, 317 (3d Cir. 2007). General jurisdiction may be asserted when a non-resident defendant has maintained “systematic and continuous contacts with the forum state.” Marten v. Godwin, 499 F.3d 290, 296 (3d Cir. 2007) (citing Helicopteros Nacionales de Colombia, S.A. v.

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