Reversal of Order Denying Motion to Dismiss

Managing Appellate Partner Daniel Weinger obtained a reversal of an order denying a motion to dismiss for lack of personal jurisdiction on behalf of a logistics company and its independent contractor driver in a trucking accident case with a fatality.  In ruling that the trial court committed reversible error, the appellate court agreed that the fact that the survivors in a wrongful death action all reside in Florida and the accident occurred just outside the state line during a delivery in Florida was insufficient to establish jurisdiction under Florida’s long-arm statute even if the defendants routinely engaged in other activities in the state.