Dexter v. America's Best Value Inn, PICS Case No. 14-0205 (E.D. Pa. Jan. 27, 2014) Baylson, J. (5 pages).

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Dexter v. America's Best Value Inn, PICS Case No. 14-0205 (E.D. Pa. Jan. 27, 2014) Baylson, J. (5 pages).

Where defendant is not domiciled in the state in which an action was brought and the events that gave rise to the action occurred outside the state, the forum court lacked personal jurisdiction or venue to hear the action. Granted.

Plaintiff Lisa Myers Dexter brought a personal injury suit against defendant Bhavi Motel d/b/a America's Best Value Inn, a Delaware company, for injuries that allegedly occurred at a hotel owned and/or operated by defendant in Delaware.

Defendant moved to dismiss the instant action for lack of personal jurisdiction and improper venue. Defendant argued that it was domiciled in Delaware and did not have any contacts with Pennsylvania. Plaintiff argued that the instant court had personal jurisdiction pursuant to 28 U.S.C. §1332.

The court rejected plaintiff's assertion, noting that §1332 is the subject matter jurisdiction statute, and ruled that it did not have general or specific personal jurisdiction over the defendant in this matter. It found that defendant was domiciled in Delaware, had not assented jurisdiction in Pennsylvania, and plaintiff failed to allege any facts that would establish that defendant had "systematic and continuous" contacts with Pennsylvania to support general jurisdiction. Plaintiff also alleged that her injuries took place at defendant's hotel in Delaware, which provided no basis for specific personal jurisdiction.

The court also found no basis to support venue, noting that while venue is proper in any district in the state where defendant resides, or in a district in which a substantial part of the events giving rise to the action occurred, in the instant case defendant was a resident of Delaware, where all the events giving rise to the action occurred. Therefore, venue was not proper in the instant forum.