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McHugh v. Kenyon

District Court of Appeal of Florida, Fourth District
Aug 9, 1989
547 So. 2d 318 (Fla. Dist. Ct. App. 1989)

Summary

holding that even if a nonresident defendant has no business or distributors in Florida, the placement of its products into the stream of commerce with the reasonable expectation that large numbers will be purchased in Florida suffices to come within the long-arm statute

Summary of this case from In re Methyl Tertiary Butyl Ether

Opinion

No. 88-3047.

August 9, 1989.

Appeal from the Circuit Court, Palm Beach County, Richard B. Burk, J.

Jeffrey M. Liggio of Liggio Luckman, West Palm Beach, for appellants.

Cynthia A. Rudy of McManus, Wiitala Contole, P.A., North Palm Beach, for appellee-Ching Luen Enterprises Co.


ON MOTION FOR REHEARING


We deny appellee's motion for rehearing. However, we withdraw the opinion issued on June 28, 1989 and substitute the following corrected opinion:

This is an appeal from an order granting a motion to dismiss a defendant, Ching Luen Enterprises Company, Ltd., for lack of personal jurisdiction. Appellant was injured when a ladder he was using broke. The ladder had been purchased at Home Depot. The retailer had acquired it from a national distributor. The appellee is a Taiwanese firm that designed and manufactured the product. We reverse.

The appellee conducts no business, has no salesmen or distributors, and has no other ties in Florida or the United States. Nevertheless, there is jurisdiction over the defendant under the long arm statute, section 48.193, Florida Statutes (1985), where the appellee's products have been placed into the stream of commerce and there is a reasonable expectation that large numbers will be purchased here. E.g., Louis Winer Co. v. San Francisco Mercantile Co., 501 So.2d 171 (Fla. 4th DCA 1987). See also Ford Motor Co. v. Atwood Vacuum Machine Co., 392 So.2d 1305 (Fla.), cert. denied, 452 U.S. 901, 101 S.Ct. 3024, 69 L.Ed.2d 401 (1981).

A manufacturer that produces hundreds of thousands of product units that are distributed over a five-year period in the United States, of which at least 6,000 were marketed in Florida, should reasonably anticipate being sued in this state in connection with product defects causing injury. It does not offend traditional notions of fair play and justice to permit the manufacturer to be sued in the fourth most populous state in the country under such circumstances. The order granting the motion is reversed. We remand for further proceedings.

WALDEN, GUNTHER and STONE, JJ., concur.


Summaries of

McHugh v. Kenyon

District Court of Appeal of Florida, Fourth District
Aug 9, 1989
547 So. 2d 318 (Fla. Dist. Ct. App. 1989)

holding that even if a nonresident defendant has no business or distributors in Florida, the placement of its products into the stream of commerce with the reasonable expectation that large numbers will be purchased in Florida suffices to come within the long-arm statute

Summary of this case from In re Methyl Tertiary Butyl Ether

holding that Florida had jurisdiction over a nonresident manufacturer of ladders whose products were "placed into the stream of commerce" and who had "a reasonable expectation that large numbers" would be purchased here: "A manufacturer that produces hundreds of thousands of product units that are distributed over a five-year period in the United States, of which at least 6,000 were marketed in Florida, should reasonably anticipate being sued in this state in connection with product defects causing injury."

Summary of this case from Imerys Talc Am., Inc. v. Ricketts

finding personal jurisdiction over defendant who conducted no business in Florida, had no salesperson or distributors in the State, and no other ties to Florida, on the basis that the defendant produced hundreds of thousands of product units which were distributed over five years in the United States, with 6,000 marketed in Florida.

Summary of this case from In re Chinese-Manufactured Drywall Prods. Liab. Litig.

finding that a manufacturer that produces hundreds of thousands of product units that are distributed over a five-year period in the United States, of which at least 6,000 were marketed in Florida, should reasonably anticipate being sued in this state in connection with product defects causing injury

Summary of this case from Robert D. Harley Co., Ltd. v. Global Force (H.K.) Ltd.
Case details for

McHugh v. Kenyon

Case Details

Full title:LAWRENCE McHUGH AND JANET McHUGH, APPELLANTS, v. DOUGLAS KENYON, ETC., ET…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 9, 1989

Citations

547 So. 2d 318 (Fla. Dist. Ct. App. 1989)

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