Question
Worker was employed by Acme. In 2016 he was injured by a defectively forklift while he was loading a truck with crates filled with medical
Worker was employed by Acme. In 2016 he was injured by a defectively forklift while he was loading a truck with crates filled with medical supplies in Acme's industrial plant located in Cali. The machine had been manufactured by hyster. While worker was being treated for his injuries in Hospital located in Cali, Doctor, Worker's physician, prescribed medicine to which worker was allergic. Workers condition worsened gradually after that, but it was not clear whether his decline was due to the medicine or to his injurie she sustained from the defective forklift.
Worker sued hospital in a state court in Cali for negligence. Hospitals defenses were.
Hospital was not responsible fore the act of doctor, since he was an independent contractor.
Doctor had not been negligent.
Worker's present condition was caused by his injury and not by the medicine prescribed by doctor.
The trial court sitting without jury, found that doctor had not acted negligently and that doctor was not an agent of hospital. The court did not make any findings in the cause of worker's worsened condition. Judgment was entered for hospital. No appeal has been taken.
In January 2018, worker died and workers widow, Beatrice who had lived in Cali for five years returned to her original home in Beta. As executrix of her husband's estate, she filed suit in federal court in Beta against Hyster for the injuries and the death of her husband. She also filed suit against Doctor in a state court in Cali for the damages sustained as a result of the death of her husband.
Hyster is incorporated in Wazo. In addition, hyster does sales in all fifty states. However, it only maintains an office in Beta. During the past ten years, Hyster has sold its products in Beta, and its annual sales volume in that state is between $1000,000 and $1500000. The forklift that injured worker was originally sold to a corporation in Beta, which in turn had sold it to worker's employer.
A statute in Beta provides: the court of this state may exercise jurisdiction over person and property to full extent permitted by the constitution of the United States.
1.Assuming appropriate objection by hyster, may Beta exercise jurisdiction over Hyster in Beatrice's suit as executrix? Discuss
2.What effect, if any does worker's suit in Cali have on:
Beatrice's action in Beta against Hyster;
Beatrice's action in Cali against Doctor?
Discuss
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