A while back we brought you the news of a Pennsylvania family who was suing Walt Disney World over being bit by a poisonous snake at the Animal Kingdom, we are now finding out the case was thrown out by a Pennsylvania federal judge.
U.S. District Senior Judge Robert F. Kelly is stating the court does not have jurisdiction for the case. He granted Disney it’s motion to dismiss on the case which was first filed with the Philadelphia Court of Common Pleas and then brought to the federal court in the Eastern District of Pennsylvania since it was inappropriate for Michael Barth and his wife to file there.
Judge Kelly said Disney is not incorporated in the state and there is no Disney operation in PA, these are requirements of the lawsuit.
Judge Kelly said in a statement:
“Here, the paradigm bases do not apply because defendants are neither incorporated nor have their principal places of business in Pennsylvania, Walt Disney Parks and Resorts is a Florida corporation that has its principal place of business in Florida. Since plaintiffs cannot show general jurisdiction under the two paradigmatic bases, plaintiffs must show that this is an exceptional case where defendants’ ‘affiliation with the state are so continuous and systematic as to render it essentially at home’ in Pennsylvania. Plaintiffs fail to allege sufficient facts suggesting that defendants are essentially ‘at home’ in Pennsylvania.”
James Radmore, the plaintiff representative claims since Disney has stores in PA and owns ABC network and the affiliated 6ABC in Philadelphia there is business being conducted in PA, he also feels with Disney in the homes daily (via cable) that there shouldn’t be any jurisdiction issues. Judge Kelly argued that the plaintiffs haven’t shown how the affiliated companies render general jurisdiction in PA.
The representative for Disney, Fred Marczyk of Drinker Biddle & Reath has not responded.
In case you missed the initial new post back in January you can read it here.
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