Johnson v. Chrysler Can. Inc.
Decision Date | 05 June 2014 |
Docket Number | Civil Action No.: 1:13–CV–1712–VEH. |
Citation | 24 F.Supp.3d 1118 |
Parties | Willie James JOHNSON, as Personal Representative of the Estate of Louis Blackmon, Plaintiff, v. CHRYSLER CANADA INC., Defendant. |
Court | U.S. District Court — Northern District of Alabama |
Mary Leah Miller, Thomas P. Willingham, Law Offices of Thomas P. Willingham PC, Birmingham, AL, George A. Monk, Attorney at Law, Anniston, AL, for Plaintiff.
Rachel M. Lary, Wesley B. Gilchrist, Lightfoot Franklin & White LLC, Birmingham, AL, for Defendant.
This is a civil action filed by the plaintiff, Willie James Johnson, as personal representative of the estate of Lois Blackmon, deceased. The complaint alleges that Blackmon was driving a 2006 Chrysler 300(LX) “designed, developed, manufactured, tested, marketed, distributed, and sold” by defendant Chrysler Canada, Inc. (“Chrysler Canada”)1 , when she was killed after the vehicle “was struck on the driver's side by a tractor trailer.” (Doc. 1 at 3). The complaint alleges that the defendant is liable under the Alabama Extended Manufacturer's Liability Doctrine (the “AEMLD”) (Count One). It also alleges liability based on theories of negligence (Counts Two and Three), wantonness (Counts Four and Five), and breach of warranty (Count Six).
The case comes before the court on the defendant's motion to dismiss for lack of personal jurisdiction, filed pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. (Doc. 10). For the reasons stated herein the motion will be DENIED.
PVC Windoors, 598 F.3d at 810 (quotes and citations omitted). “It goes without saying that, where the defendant challenges the court's exercise of jurisdiction over its person, the plaintiff bears the ultimate burden of establishing that personal jurisdiction is present.” Oldfield, 558 F.3d at 1217.
The facts of this case are straightforward and undisputed. On or about September 22, 2011, the plaintiff's decedent, Lois Blackmon, died after the 2006 Chrysler 300(LX) vehicle she was driving was involved in an accident. The complaint alleges that Chrysler Canada “designed, developed, manufactured, tested, marketed, distributed, and sold” the vehicle. (Doc. 1 at 3). The plaintiff claims “that his decedent's fatal injuries would have been reduced or eliminated had the subject vehicle been reasonably crashworthy, been equipped with side curtain airbags and side impact protection, including side/torso airbags.” (Doc. 28 at 4).
Chrysler Canada is an indirect wholly owned subsidiary of Chrysler Group LLC. (Doc. 10–1 at 3; doc. 29–3 at 5). Previously it was an indirect wholly owned subsidiary of Chrysler LLC (now bankrupt), formerly DaimlerChrysler Company LLC, formerly DaimlerChrysler Corporation, formerly Chrysler Corporation. (Doc. 10–1 at 3). The defendant refers to Chrysler LLC, DaimlerChrysler Company LLC, DaimlerChrysler Corporation, and Chrysler Corporation collectively as “Chrysler United States.” The court will as well.
Blackmon's vehicle was one of the vehicles built by Chrysler Canada for the United States market. It was sold by Chrysler United States to Crown Dodge Chrysler Plymouth, in Gadsden, Alabama. (Doc. 29–5 at 2). At the time the vehicle was built, Chrysler Canada knew that Chrysler United States, through its dealer network, had a nationwide distribution channel in the United States. (Doc. 29–3). Further, as to each particular vehicle it manufactured, including Blackmon's, Chrysler Canada knew that vehicle's ultimate destination in the United States by virtue of the “sales code” or “dealer code” assigned to each vehicle. (Doc. 29–4 at 33, 106–107; doc. 29–5 at 11; doc. 29–3 at 4).3 Chrysler Canada knew that a majority of the vehicles that it manufactured were sold in the United States. (Doc. 29–2 at 48–50; 29–3 at 16). It “expected that at least some of the vehicles it assembled would likely be sold in the [S]tate of Alabama.” (Doc. 29–3 at 17; doc. 33 at 2). When it built Blackmon's vehicle, Chrysler Canada knew that it was bound for Alabama. It receives an income for all vehicles, including Blackmon's vehicle, which it manufactures, including those which are sold in the United States. (Doc. 29–2 at 67–68; doc. 33 at 2).
The Eleventh Circuit has noted:
A federal court sitting in diversity undertakes a two-step inquiry in determining whether personal jurisdiction exists: the exercise of jurisdiction must (1) be appropriate under the state long-arm statute and (2) not violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
Mazer, 556 F.3d at 1274. In this case, “the two inquiries merge, because Alabama's long-arm statute permits the exercise of personal jurisdiction to the fullest extent constitutionally permissible.” Sloss Indus. Corp. v. Eurisol, 488 F.3d 922, 925 (11th Cir.2007) (citing Ala. R. Civ. P. 4.2(b) ; Sieber v. Campbell, 810 So.2d 641, 644 (Ala.2001) ). The Due Process Clause requires that the defendant have: 1) certain minimum contacts with the forum state, 2) such that the exercise of jurisdiction over the defendant does not offend “traditional notions of fair play and substantial justice.” Int'l Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95 (1945). The court will examine each part of the International Shoe analysis as it applies to the facts of this case.
There are two types of personal jurisdiction, specific and general. “Specific jurisdiction refers to ‘jurisdiction over causes of action arising from or related to a defendant's actions within the forum.’ ” PVC Windoors, 598 F.3d at 808 (emphasis added) (quoting Oldfield v. Pueblo De Bahia Lora, S.A., 558 F.3d 1210, 1220 n. 27 (11th Cir.2009) ). “In contrast, general jurisdiction refers to the power of the forum state to exercise jurisdiction in any cause of action involving a particular defendant, regardless of where the cause of action arose.” PVC Windoors, 598 F.3d at 810 n. 8 (emphasis added) (citing Oldfield, 558 F.3d at 1220 n. 27 ).4 The plaintiff alleges that there is specific personal jurisdiction over the defendants.5 (Doc. 28 at 9).
Referring to specific jurisdiction as a “more limited” basis of jurisdiction, the Supreme Court has noted:
Where a defendant purposefully avails itself of the privilege of...
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