2017 Ohio 7020
Ohio Ct. App.2017Background
- Start Skydiving, an Ohio-based (Delaware-LLC) skydiving operator, purchased cargo doors for its Cessna Caravan from Andri Wiese, an Illinois resident, paying $10,000 and retrieving the doors from him.
- After installation, Start Skydiving claimed the doors were the same ones previously on the plane when leased to Chambersburg and alleged Wiese knew they were Start Skydiving's property at the time of sale.
- Start Skydiving sued Wiese individually in Butler County, Ohio asserting breach of contract, unjust enrichment, fraud, and negligence; Wiese moved to dismiss for lack of personal jurisdiction.
- Wiese maintained his relevant contacts with Ohio were in his capacity as president of Win Win Aviation, and the door sale was a one-time personal transaction completed when Start retrieved the doors (in Illinois).
- The trial court dismissed for lack of personal jurisdiction and noted a related Win Win v. Start Skydiving case pending in DeKalb County, Illinois. Start appealed.
- The Twelfth District affirmed, holding Wiese, in his individual capacity, lacked sufficient minimum contacts with Ohio to permit haling him into an Ohio court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio courts can exercise personal jurisdiction over Wiese (individually) | Wiese had sufficient contacts with Ohio (more than a single sale); Butler County forum proper | Wiese’s only individual contact was a one-time sale; most contacts were in his corporate role with Win Win and the sale occurred when plaintiff retrieved the doors in Illinois | Court held no personal jurisdiction: single/occasional individual act insufficient to establish minimum contacts; dismissal affirmed |
Key Cases Cited
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985) (establishing the purposeful-availment/minimum-contacts due process standard)
- International Shoe Co. v. Washington, 326 U.S. 310 (U.S. 1945) (minimum contacts doctrine for personal jurisdiction)
- Kentucky Oaks Mall Co. v. Mitchell's Formal Wear, Inc., 53 Ohio St.3d 73 (Ohio 1990) (two-step personal jurisdiction analysis under Ohio law)
- Dahlhausen v. Aldred, 187 Ohio App.3d 536 (Ohio Ct. App. 2010) (standard of review for dismissal for lack of personal jurisdiction)