On March 26, 2010, the California Court of Appeals affirmed the dismissal of a slip-and-fall case filed by Xuan T. James, who was injured at a Minnesota Days Inn in which she reserved a room online. James v. T .H. Continental Ltd., 2010 WL 1170977 (Cal. App. 1 Dist. March 26, 2010). James brought suit in California against T.H. Continental, the operator of the hotel in Minnesota, because she made her hotel reservation from California on an interactive website operated by Days Inn.
T.H. Continental does not conduct business or own property in California. It is a franchisee of Days Inn Worldwide, Inc., and manages the Minnesota Days Inn where James was injured. Despite the lack of direct contacts with California, James contended that T.H. Continental had sufficient minimum contacts with California to establish personal jurisdiction based on three theories: (1) T.H. Continental purposefully availed itself of the privilege of doing business in California by operating an interactive website that allows California residents to make room reservations; (2) she entered into a contract with T.H. Continental in California when she reserved a room over the internet; and, (3) the franchise relationship between T.H. Continental and Days Inn Worldwide is sufficient to establish jurisdiction."
To read the complete story, please click on this link: http://ecommercelaw.typepad.com/ecommerce_law/2010/04/plaintiff-will-not-get-her-days-inn-court.html
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment