Nora LaFreniere, Vice President and General Counsel of Otis Elevator Company v. Catherine Craig-Myers, individually and as personal representative of the Estate of Robert Myers
264 So. 3d 232
Fla. Dist. Ct. App.2018Background
- Robert Myers, an Otis Elevator technician, died during an elevator inspection; OSHA issued Otis four "serious" citations. Appellee (Myers's personal representative) sued Otis and Nora Lafreniere (Otis VP & General Counsel) for wrongful death, asserting Lafreniere aided/abetted OSHA violations and concealed dangers.
- The amended complaint alleges Lafreniere, "in the course and scope of her employment," directed in-house and outside counsel to conceal citations, contest appeals to delay disclosure, and induce continued enforcement of Otis’s "15-minute rule."
- Lafreniere moved to dismiss for lack of personal jurisdiction, submitting an affidavit denying personal business ties to Florida and stating her actions were in a corporate capacity.
- The trial court denied the motion without an evidentiary hearing; Lafreniere appealed the non-final order.
- The First DCA reviewed de novo whether Florida’s long-arm statute and the corporate shield doctrine permit jurisdiction over a nonresident corporate officer acting in a corporate capacity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether corporate shield bars jurisdiction over Lafreniere | Alleged aiding/abetting, concealment, and direction of counsel created tortious conduct subjecting her to Florida jurisdiction | Lafreniere acted solely in corporate capacity; corporate shield prevents jurisdiction absent an in-Florida tort or intentional tort aimed at Florida | Held: Corporate shield applies; complaint alleges corporate-capacity acts and does not allege a tort committed in Florida or intentionally aimed at Florida |
| Whether amended complaint alleges an intentional tort under §440.11(1)(b) (virtual certainty) | Conduct (concealment, continuing 15-minute rule) shows employer engaged in conduct virtually certain to cause death; removes workers’ comp exclusivity | Allegations do not plead "virtual certainty" or clear-and-convincing intentionality against Lafreniere personally | Held: Allegations fail to meet virtual-certainty standard; do not state an intentional tort sufficient to pierce corporate shield |
| Whether fraud or intentional acts were expressly aimed at Florida to create specific jurisdiction | Plaintiff contends concealment/communications to Florida counsel and visits to Florida suffice as intentional tort aimed at forum | Lafreniere’s allegations lack personal acts in Florida and do not plead fraud or targeted intentional tort with requisite particularity | Held: No fraud claim pleaded, no specific intent/acts expressly aimed at Florida; exception inapplicable |
| Whether Lafreniere engaged in a business venture in Florida under Fla. Stat. §48.193(1)(a)1. | Plaintiff points to alleged visits, contract principalship in Miami‑Dade, and communications with Florida counsel | Lafreniere’s affidavit denies personal office, residence, or business in Florida and refutes business-venture contacts | Held: Lafreniere’s affidavit rebuts business-venture basis; plaintiff presented no counter-affidavit or evidence, so no jurisdiction on this ground |
Key Cases Cited
- Doe v. Thompson, 620 So. 2d 1004 (Fla. 1993) (articulates corporate shield doctrine protecting nonresident corporate officers sued for acts performed in corporate capacity)
- Wendt v. Horowitz, 822 So. 2d 1252 (Fla. 2002) (standard for reviewing personal-jurisdiction ruling de novo; scope of affidavits/transcripts for jurisdictional facts)
- Kitroser v. Hurt, 85 So. 3d 1084 (Fla. 2012) (corporate-shield exception where nonresident employee commits negligent acts in Florida)
- Allerton v. State Dep’t of Ins., 635 So. 2d 36 (Fla. 1st DCA 1994) (intentional torts aimed at Florida can preclude corporate-shield protection)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985) (minimum contacts and foreseeability principles for specific jurisdiction)
- Rensin v. State, Office of Attorney Gen., 18 So. 3d 572 (Fla. 1st DCA 2009) (jurisdiction found where officer’s specific intentional conduct was calculated to injure Florida resident)
- R.L. Haines Constr., LLC v. Santamaria, 161 So. 3d 528 (Fla. 5th DCA 2014) (discusses "virtual certainty" standard for intentional-tort exception to workers’ compensation exclusivity)