Bracewell v. Nicholson Air Services, Inc., No. 81-7544
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
| Writing for the Court | ARNOLD |
| Citation | 680 F.2d 103 |
| Parties | Vernon Eugene BRACEWELL, Plaintiff-Appellant, v. NICHOLSON AIR SERVICES, INC., a Maryland Corporation doing business as Cumberland Airlines, and Cumberland Airlines, Inc., Defendant-Appellee. |
| Docket Number | No. 81-7544 |
| Decision Date | 06 July 1982 |
Page 103
v.
NICHOLSON AIR SERVICES, INC., a Maryland Corporation doing
business as Cumberland Airlines, and Cumberland
Airlines, Inc., Defendant-Appellee.
Eleventh Circuit.
J. C. Rary, Robert P. Hoyt, Decatur, Ga., for plaintiff-appellant.
Swift, Currie, McGhee & Hiers, Glover McGhee, Atlanta, Ga., for defendant-appellee.
Appeal from the United States District Court for the Northern District of Georgia.
Before FAY, VANCE and ARNOLD *, Circuit Judges.
ARNOLD, Circuit Judge:
Vernon Eugene Bracewell appeals from the District Court's order dismissing his complaint for want of personal jurisdiction over defendant Nicholson Air Services, Inc., which does business as Cumberland Airlines. Plaintiff contends that because Cumberland sold him an airline ticket in Georgia, through its agent, it was subject to personal jurisdiction under Georgia's long-arm statute in a suit arising out of the sale. We agree that the allegations of the complaint
Page 104
were sufficient to withstand dismissal at the pleading stage; we therefore reverse the judgment and remand for further proceedings.Mr. Bracewell, a Georgia resident, purchased a ticket in Georgia, from Delta Airlines, to fly via Cumberland Airlines from the Baltimore-Washington airport to the Cumberland, Maryland-West Virginia Airport. Defendant is chartered under the laws of Maryland; it does not have an office in Georgia, and it is not licensed to do business there. The complaint alleges that Delta acted as the defendant's agent in Georgia.
On December 20, 1979, Mr. Bracewell was returning from Cumberland, Maryland, to his residence in Atlanta, Georgia, on the Cumberland flight to Baltimore-Washington Airport in Maryland. He claims he sustained serious injuries when his foot caught in the disembarking ladder on Cumberland's aircraft. Mr. Bracewell filed this action alleging negligence and breach of defendant's contractual duty to deliver him safely to his destination and properly aid him in disembarking from the aircraft without injury. The complaint based personal jurisdiction on Ga.Code Ann. Sec. 24-113.1(a) (1981), which provides (emphasis supplied):
A court of this State may exercise personal jurisdiction over any nonresident, or his executor or administrator, as to a cause of action arising from any of the acts, omissions, ownership, use or possession enumerated in this section, in the same manner as if he were a resident of the State, if in person or through an agent, he:
(a) Transacts any business within this State ....
A...
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Mays v. US Postal Service, Civ. No. 95-D-559-E.
...plaintiff can prove no set of facts in support of its claims." Jackam, 800 F.2d at 1579 (quoting Bracewell v. Nicholson Air Servs., Inc., 680 F.2d 103, 104 (11th Cir. 1982)); see also Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59 The court also stresses tha......
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Farrow v. Henderson, 6:01CV371-ORL-22JGG.
...112 S.Ct. 55, 116 L.Ed.2d 32 (1991); Powell v. United States, 945 F.2d 374 (11th Cir.1991); Bracewell v. Nicholson Air Services, Inc., 680 F.2d 103, 104 (11th Cir. A court should not dismiss a complaint for failure to state a claim unless it appears beyond a doubt that the plaintiff can pro......
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Weeks v. Benton, Civ. A. No. 86-0389-BH.
...which would entitle her to relief. Id. at 432, 89 S.Ct. at 1849, 23 L.Ed.2d at 422; see also Bracewell v. Nicholson Air Services, Inc., 680 F.2d 103, 104 (11th The Court concludes that plaintiff's complaint states a colorable cause of action under 42 U.S.C. § 1983 based upon the standards e......
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Arrington v. Dickerson, Civil Action No. 94-D-1593-N.
...plaintiff can prove no set of facts in support of its claims." Jackam, 800 F.2d at 1579 (quoting Bracewell v. Nicholson Air Servs., Inc., 680 F.2d 103, 104 (11th Cir.1982)); see also Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232-33, 81 L.Ed.2d 59 PROCEDURAL FACTS AND HIST......
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Mays v. US Postal Service, Civ. No. 95-D-559-E.
...plaintiff can prove no set of facts in support of its claims." Jackam, 800 F.2d at 1579 (quoting Bracewell v. Nicholson Air Servs., Inc., 680 F.2d 103, 104 (11th Cir. 1982)); see also Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59 The court also stresses tha......
-
Farrow v. Henderson, 6:01CV371-ORL-22JGG.
...112 S.Ct. 55, 116 L.Ed.2d 32 (1991); Powell v. United States, 945 F.2d 374 (11th Cir.1991); Bracewell v. Nicholson Air Services, Inc., 680 F.2d 103, 104 (11th Cir. A court should not dismiss a complaint for failure to state a claim unless it appears beyond a doubt that the plaintiff can pro......
-
Weeks v. Benton, Civ. A. No. 86-0389-BH.
...which would entitle her to relief. Id. at 432, 89 S.Ct. at 1849, 23 L.Ed.2d at 422; see also Bracewell v. Nicholson Air Services, Inc., 680 F.2d 103, 104 (11th The Court concludes that plaintiff's complaint states a colorable cause of action under 42 U.S.C. § 1983 based upon the standards e......
-
Arrington v. Dickerson, Civil Action No. 94-D-1593-N.
...plaintiff can prove no set of facts in support of its claims." Jackam, 800 F.2d at 1579 (quoting Bracewell v. Nicholson Air Servs., Inc., 680 F.2d 103, 104 (11th Cir.1982)); see also Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232-33, 81 L.Ed.2d 59 PROCEDURAL FACTS AND HIST......