THE PLAINTIFF’S FAILURE TO REFUTE A DEFENDANT’S AFFIDAVIT THAT FULLY DISPUTED PLAINTIFF’S JURISDICTIONAL ALLEGATIONS WAS FATAL TO PLAINTIFF’S ABILITY TO GET JURISDICTION OVER A FOREIGN CORPORATION

Pipistrel d.o.o. v. Cicin, 49 Fla. L. Weekly D1942 (Fla. 3rd DCA Sep. 25, 2024):

The plaintiff’s husband was killed in a plane crash. Plaintiff sued a Slovenian aircraft component manufacturer as well as an Italian aircraft manufacturer related to it.

The Slovenian company moved to dismiss for lack of personal jurisdiction and filed the requisite affidavit stating that it did not do any business in Florida, maintained no offices, had no officers or directors, etc.

The plaintiff amended her complaint to assert that the defendant had routinely marketed Pipistrel products in the United States and in Florida, citing to shows it conducted in Sebring and Zephyrhills, demo flights in Florida, employees in Florida etc.

The defendant again filed an affidavit stating it did not design, manufacture or sell the aircraft involved in the accident and did not market, sell or deliver any aircraft parts in Florida.

The plaintiff filed a response in opposition but did not file any countervailing affidavits. Instead, the plaintiff only provided email communications between her husband and representatives from Pipistrel USA, along with an attorney declaration which contained no substantive evidence.

Because the plaintiff failed to refute the legally sufficient factual allegation set forth in the defendant’s affidavit, the trial court should have granted its motion to dismiss for lack of personal jurisdiction.