American Hoist & Derrick Co. v. Duran

Florida District Courts of Appeal
American Hoist & Derrick Co. v. Duran, 451 So. 2d 895 (1984)
1984 Fla. App. LEXIS 13277
Baskin, Ferguson, Pearson

American Hoist & Derrick Co. v. Duran

Opinion of the Court

PER CURIAM.

American Hoist and Derrick Co., Inc. (Amhoist), a nonresident manufacturer and seller, shipped to its exclusive Florida distributor a crane which was sold to a Florida operator. The use of the crane resulted in the death of Jose Duran-Perez. His personal representative and others instituted this action based on breach of warranty, negligence, and strict product liability against Amhoist and two co-defendants. In answers to interrogatories, Amhoist admitted that during the relevant periods it “may have” advertised its products in publications circulated in Florida, supplied sales materials to its exclusive distributor *896and other direct accounts in Florida, and sent agents into the state to perform services for its exclusive distributor. On these facts the trial court properly denied appellant’s motion to quash service of process and to dismiss the cause for lack of jurisdiction over the person. See Richard Bertram & Co. v. American Marine, Ltd., 258 So.2d 335 (Fla. 3d DCA 1972); § 48.-181, Fla.Stat. (1983); see also Kravitz v. Gebrueder Pletscher Druckgusswaremfabrik, 442 So.2d 985 (Fla. 3d DCA 1983).

Affirmed.

Reference

Full Case Name
AMERICAN HOIST AND DERRICK COMPANY, INC., a foreign corporation v. Gayle DURAN, as Personal Representative of the Estate of Jose Duran-Perez, and Keith Marcel Duran, Michelle Elizabeth Duran, and Brian Christopher Duran, minors, individually, by and through their mother and natural guardian Gayle Duran, as Personal Representative of the Estate of Jose Duran-Perez
Cited By
1 case
Status
Published