Tuesday, May 3, 2022

Plaintiff Failed To Establish Jurisdiction Over German Division of BMW

In the case of Mahurin v. BMW of North America, LLC, No. 2:20-CV-01351 (W.D. Pa. March 18, 2021 Hardy, J.), the court found that the Plaintiff had failed to establish jurisdiction over the Defendant, BMW, and as such, the Plaintiff’s claims against that Defendant were dismissed in this products liability action. 

According to the Complaint, the Plaintiff was involved in a motor vehicle accident. The Plaintiff alleged that the airbag released sharp metal fragments that penetrated his neck and chest area and caused additional injury. The Plaintiff sued BMW for products liability, negligence, and breach of warranty.

The Plaintiff asserted that BMW, a German company, was the parent company of another BMW entity, a Delaware limited liability company with a principle place of business in New Jersey. That Defendant filed a Motion to Dismiss for lack of personal jurisdiction.

The court granted the Motion after finding that the Plaintiff failed to sustain his burden to establish specific personal jurisdiction. The court generally noted that the Plaintiff failed to show any purposeful availment of the Defendant in terms of activity and Pennsylvania.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (April 6, 2022).

Source of image:  Photo by Artiom Vallat on www.unsplash.com.

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