149 Conn. App. 1
Conn. App. Ct.2014Background
- Manka sues Disney to hold it liable as Briscoe's employer after a Bristol, Connecticut car crash.
- Briscoe worked for ESPN under a contract mediated by Keko Media, Inc.; ESPN assigned Briscoe’s appearances and arranged travel.
- Plaintiff filed in 2010 after Discoveries; defendant moved to dismiss for lack of personal jurisdiction under Conn. Gen. Stat. § 33-929(f).
- Court held discovery and evidence showed no direct Disney contract in Connecticut and Briscoe was not Disney’s employee.
- Court found no jurisdiction under § 33-929(f) because Disney was not a party to the ESPN-Keko contract and Briscoe was not Disney’s employee; decision to dismiss affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Disney is subject to Connecticut long-arm jurisdiction | Manka: Disney is an affiliate party to ESPN under the contract | Disney: no direct contract or agency relation; not a party | No jurisdiction; not a party to contract under § 33-929(f) |
| Whether Briscoe was Disney’s employee for purposes of jurisdiction | Briscoe acted within Disney's control as employee | Briscoe employed by Keko, not Disney | Not Disney's employee; no employment relationship found |
| Whether Disney engaged in tortious conduct in Connecticut | Disney liable for Briscoe’s actions as its agent | No agency relationship; no tortious act by Disney in CT | No jurisdiction on this basis; agency not shown |
| Whether the court properly dismissed for lack of personal jurisdiction without considering other bases | Alternative theories support jurisdiction | No sufficient basis found | Dismissal affirmed on § 33-929(f) grounds |
Key Cases Cited
- Cogswell v. American Transit Ins. Co., 282 Conn. 505 (2007) (burden to show jurisdiction on motion to dismiss)
- Narayan v. Narayan, 305 Conn. 394 (2012) (de novo review of legal conclusions; factual findings reviewed for clear error)
- Hayes Family Ltd. Partnership v. Glastonbury, 132 Conn. App. 218 (2011) (standard for reviewing dismissal and factual findings)
- Naples v. Keystone Building & Development Corp., 295 Conn. 214 (2010) (pierce corporate veil and related corporate relationships; standard of review)
- Elliott v. Waterbury, 245 Conn. 385 (1998) (employer liability for acts of employees)
- Lombard Bros., Inc. v. General Asset Management Co., 190 Conn. 245 (1983) (procedural standard on related substantive issues)