Prince v. Southern Snow Manufacturing Inc

Filing 6

ORDER denying 3 Motion to Dismiss with a caveat. Prince is free to pursue the claim against the machine's manufacturer. Any renewed motion on personal juridiction - based on the facts established by depositions and affidavits - due by 9 January 2015. Scheduling Orders will issue. Signed by Judge D. P. Marshall Jr. on 7/2/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SAMANTHA PRINCE
v.

PLAINTIFF
No. 4:14-cv-31-DPM

SOUTHERN SNOW
MANUFACTURING INC.

DEFENDANT

ORDER
Southern Snow's motion to dismiss, NQ 3, is denied with a caveat.
Complete diversity exists. Prince can't sue her employer. ARK. CODE ANN.
§ 11-9-105; Moses v. Hanna's Candle Co., 366 Ark. 233,237,234 S.W.3d 872,874

(2006). In any event, she's free to pursue this claim against the machine's
manufacturer.

Prince has pleaded plausible design, instructions, and

warnings claims. Whether the Court has specific personal jurisdiction over
Southern Snow remains an open question. Initial discovery should focus on
the company's contacts with Arkansas and how this machine got to
Russellville.

A "stream of commerce" theory will not support general

personal jurisdiction. Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S.
Ct. 2846, 2855-56 (2011). Whether the theory will support specific personal

jurisdiction remains a vexed question. Compare]. Mcintyre Machinery, Ltd. v.

Nicastro, 131 S. Ct. 2780,2788-89 (2011), with Walden v. Fiore, 134 S. Ct. 1115,
1121-22 (2014), and Barone v. Rich Brothers Interestate Display Fire·works Co., 25
F.3d 610, 611-12 (8th Cir. 1994).

Any renewed motion on personal

jurisdiction- based on facts established by depositions and affidavits- due
by 9 January 2015. Scheduling Orders will issue.
So Ordered.

~·

D.P. Marshall Jr.
United States District Judge

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