Witbeck v. Bill Cody's Ranch Inn

383 N.W.2d 253, 147 Mich. App. 587
CourtMichigan Court of Appeals
DecidedDecember 16, 1985
DocketDocket 79666
StatusPublished
Cited by6 cases

This text of 383 N.W.2d 253 (Witbeck v. Bill Cody's Ranch Inn) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Witbeck v. Bill Cody's Ranch Inn, 383 N.W.2d 253, 147 Mich. App. 587 (Mich. Ct. App. 1985).

Opinions

Cynar, J.

Defendants Bill Cody’s Ranch Inn and Best Western International, Inc., appeal by leave granted from Wayne County Circuit Court Judge Marvin R. Stempien’s denial of a motion for accelerated judgment and a motion to decline jurisdiction brought by Bill Cody’s Ranch and Best Western, respectively.

This cause of action arises from a personal injury accident that occurred on or near the premises of Bill Cody’s Ranch, located in the State of Wyoming. Plaintiff, a resident of Michigan, filed suit in Wayne County Circuit Court against Bill Cody’s Ranch, Best Western, the American Automobile Association, and the Automobile Club of [590]*590Michigan seeking damages for the injuries sustained as a result of the accident.

Defendant Bill Cody’s Ranch filed a motion for accelerated judgment averring that it was a Wyoming corporation, doing business exclusively in the State of Wyoming, with no business office or agents located in Michigan, and that the Wayne County Circuit Court therefore lacked personal jurisdiction over it. Defendant Best Western filed a motion to decline jurisdiction based on the doctrine of forum non conveniens. The circuit court found that Michigan had in personam jurisdiction over Bill Cody’s Ranch and that Michigan was a convenient forum in which to bring this action. The circuit court consequently denied the motion for accelerated judgment and the motion to decline jurisdiction by order dated June 12, 1984.

The underlying facts of this case are as follows. On or about August 28, 1983, plaintiff, Michelle Witbeck, a minor and novice rider, was allegedly placed on a horse selected for her by William Cody, an agent and officer of Bill Cody’s Ranch. Plaintiff was allegedly thrown from the horse, and was placed back on the horse by Ken White, also an agent of Bill Cody’s Ranch, despite her objections. She was then thrown from the horse a second time. Plaintiff was allegedly injured as a result of being thrown from the horse.

Plaintiff subsequently filed suit in Wayne County Circuit Court against Bill Cody’s Ranch, Best Western, the American Automobile Association, and the Automobile Club of Michigan. The basis of plaintiff’s complaint and allegations against Bill Cody’s Ranch was that the agents of the ranch had been negligent in selecting a horse for a novice rider and in insisting that plaintiff remount the same horse from which plaintiff had been thrown.

[591]*591The basis of the complaint against Best Western was that Best Western was negligent in recommending Bill Cody’s Ranch to plaintiff and her family.

Two issues are presented for oür review: I, Does Michigan have limited personal jurisdiction over Bill Cody’s Ranch? and II, Did the trial court err in finding that Michigan was not an inconvenient forum?

Issue I: Does Michigan have long-arm jurisdiction over Bill Cody’s Ranch?

MCL 600.715; MSA 27A.715 authorizes Michigan courts to exercise limited personal jurisdiction over a nonresident corporation and enter judgments against the corporation as a result of an act which creates or consists of the following relationships:

"(1) The transaction of any business within the state.
"(2) The doing or causing any act to be done, or consequences to occur, in the state resulting in an action for tort.
"(3) The ownership, use, or possession of any real or tangible personal property situated within the state.
"(4) Contracting to insure any person, property, or risk located within this state at the time of contracting.
"(5) Entering into a contract for services to be performed or for materials to be furnished in the state by the defendant.”

The above-quoted statute was intended to give Michigan courts the full extent of power possible to gain personal jurisdiction over nonresident defendants as is consistent with the principles of due process. Kriko v Allstate Ins Co, 137 Mich App 528; 357 NW2d 882 (1984); Kircos v Lola Cars, Ltd, 97 Mich App 379; 296 NW2d 32 (1980). The United States Supreme Court first set forth the modern [592]*592constitutional test for the assertion of personal jurisdiction over a nonresident defendant by a state court in International Shoe Co v Washington, 326 US 310, 316; 66 S Ct 154; 90 L Ed 95 (1945). That case established the due process "minimum contacts” test. Under this test a state may not exercise in personam jurisdiction over a nonresident defendant unless 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’ ”. This test was reaffirmed by the Supreme Court in World-Wide Volkswagen Corp v Woodson, 444 US 286; 100 S Ct 559; 62 L Ed 2d 490 (1980).

In deciding if Michigan is the proper forum for the maintenance of plaintiff’s action, an essential consideration is whether defendant Bill Cody’s Ranch "purposefully availed” itself of the privilege of conducting activities within Michigan, thus invoking the benefits and protections of Michigan’s laws. Khalaf v Bankers & Shippers Ins Co, 404 Mich 134, 148; 273 NW2d 811 (1978). The following facts are presented for our consideration.

Defendant Bill Cody’s Ranch is in the business of providing services to resort vacationers in Wyoming. The ranch is incorporated and located in Wyoming and has no business offices or registered agents located in Michigan for the purpose of accepting service. However, in an effort to promote its ranch resort, defendant directly advertised in Michigan’s American Automobile Association (AAA) Tour Guide and paid for the display ad. AAA allegedly recommended Bill Cody’s Ranch to its Michigan club members. Also, agents of the ranch allegedly sent direct mail advertisements into Michigan and accepted telephone reservations from Michigan.

We find that Bill Cody’s Ranch purposefully [593]*593availed itself of the privilege of transacting business in Michigan, thus invoking the benefits and protections of Michigan’s laws when it solicited business in Michigan by directly advertising its resort in a magazine reasonably calculated to reach consumers in Michigan, sent direct mail advertisements into Michigan and accepted telephone reservations from Michigan. We also find that plaintiffs cause of action relates to the advertisement since plaintiff, who relied upon the ad, vacationed at Bill Cody’s Ranch where the injury resulted. Based on the above factors, we conclude that the requirements for long-arm jurisdiction under MCL 600.715(1); MSA 27A.715(1) are satisfied.

Defendant Bill Cody’s Ranch cites and relies on the United States Supreme Court’s holding in Woodson, supra, and argues that Michigan lacks sufficient minimum contacts with the ranch to exercise personal jurisdiction over defendant. We disagree. Here, unlike in Woodson, Bill Cody’s Ranch did solicit business for its resort through advertising reasonably calculated to reach Michigan. By advertising in the Michigan AAA Tour Guide, Bill Cody’s Ranch did seek to serve the Michigan market. These factors distinguish this case from the Woodson case. See Woodson, supra, p 500.

Issue II: Did the trial court err in finding that Michigan was not an inconvenient forum?

The decision to decline jurisdiction based upon the doctrine of

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Witbeck v. Bill Cody's Ranch Inn
383 N.W.2d 253 (Michigan Court of Appeals, 1985)

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Bluebook (online)
383 N.W.2d 253, 147 Mich. App. 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/witbeck-v-bill-codys-ranch-inn-michctapp-1985.