{ "id": 9079687, "name": "DINAH WYATT, GARY WYATT and HUNTER WYATT, Plaintiffs v. WALT DISNEY WORLD, CO., LAKE BUENA VISTA COMMUNITIES, INC. d/b/a DISNEY'S DIXIE LANDINGS RESORT, CLAIM VERIFICATION, INC. (CVI) and DANIEL KEYS, Private Investigator, Defendants", "name_abbreviation": "Wyatt v. Walt Disney World, Co.", "decision_date": "2002-07-02", "docket_number": "No. COA01-882", "first_page": "158", "last_page": "171", "citations": [ { "type": "official", "cite": "151 N.C. App. 158" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "981 S.W.2d 25", "category": "reporters:state_regional", "reporter": "S.W.2d", "case_ids": [ 11785336 ], "year": 1998, "pin_cites": [ { "page": "30", "parenthetical": "\"[Plaintiff's] contention that Disney is amenable to suit in Texas under an agency theory of vicarious liability does not find support in the record\"" } ], "opinion_index": 0, "case_paths": [ "/sw2d/981/0025-01" ] }, { "cite": "683 F. Supp. 66", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 7396863 ], "year": 1988, "pin_cites": [ { "page": "69", "parenthetical": "\"Disney World Co. [does not] engage[] in activities in New York beyond the 'mere solicitation' of business\"" } ], "opinion_index": 0, "case_paths": [ "/f-supp/683/0066-01" ] }, { "cite": "753 F.Supp. 148", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 7379972 ], "pin_cites": [ { "page": "156" } ], "opinion_index": 0, "case_paths": [ "/f-supp/753/0148-01" ] }, { "cite": "274 Pa.Super. 246", "category": "reporters:state", "reporter": "Pa. Super.", "case_ids": [ 138905 ], "weight": 2, "year": 1980, "pin_cites": [ { "page": "252", "parenthetical": "Pennsylvania courts lack personal jurisdiction over WDWCO \"because Disney's business activities in Pennsylvania are too indirect to be considered \"continuous and substantial\"" }, { "page": "392", "parenthetical": "Pennsylvania courts lack personal jurisdiction over WDWCO \"because Disney's business activities in Pennsylvania are too indirect to be considered \"continuous and substantial\"" } ], "opinion_index": 0, "case_paths": [ "/pa-super/274/0246-01" ] }, { "cite": "1991 WL 22062", "category": "reporters:specialty_west", "reporter": "WL", "year": 1991, "opinion_index": 0 }, { "cite": "1992 WL 38390", "category": "reporters:specialty_west", "reporter": "WL", "year": 1992, "opinion_index": 0 }, { "cite": "1992 WL 188374", "category": "reporters:specialty_west", "reporter": "WL", "opinion_index": 0 }, { "cite": "826 F.Supp. 53", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 3828775 ], "weight": 2, "pin_cites": [ { "page": "56" }, { "page": "55" } ], "opinion_index": 0, "case_paths": [ "/f-supp/826/0053-01" ] }, { "cite": "646 F. Supp. 786", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 3935643 ], "year": 1986, "opinion_index": 0, "case_paths": [ "/f-supp/646/0786-01" ] }, { "cite": "630 F. Supp. 148", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 3844023 ], "year": 1986, "pin_cites": [ { "page": "152" } ], "opinion_index": 0, "case_paths": [ "/f-supp/630/0148-01" ] }, { "cite": "677 F. Supp. 284", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 7400158 ], "year": 1987, "pin_cites": [ { "page": "285" } ], "opinion_index": 0, "case_paths": [ "/f-supp/677/0284-01" ] }, { "cite": "825 F. Supp. 717", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 7405778 ], "year": 1993, "pin_cites": [ { "page": "722" } ], "opinion_index": 0, "case_paths": [ "/f-supp/825/0717-01" ] }, { "cite": "543 S.E.2d 509", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "parenthetical": "\"With the passage of time, memories fade or fail altogether, witnesses die or move away, evidence is lost or destroyed; and it is for these reasons, and others, that statutes of limitations are inflexible and unyielding and operate without regard to the merits of a cause of action.\"" } ], "opinion_index": 0 }, { "cite": "351 N.C. 480", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 1155720, 1155849, 1155955, 1155687 ], "year": 2000, "opinion_index": 0, "case_paths": [ "/nc/351/0480-01", "/nc/351/0480-04", "/nc/351/0480-02", "/nc/351/0480-03" ] }, { "cite": "522 S.E.2d 84", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1999, "pin_cites": [ { "page": "88" } ], "opinion_index": 0 }, { "cite": "135 N.C. App. 601", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11242132 ], "year": 1999, "pin_cites": [ { "page": "607" } ], "opinion_index": 0, "case_paths": [ "/nc-app/135/0601-01" ] }, { "cite": "742 F.Supp. 838", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 7391906 ], "weight": 2, "year": 1990, "pin_cites": [ { "page": "841" } ], "opinion_index": 0, "case_paths": [ "/f-supp/742/0838-01" ] }, { "cite": "192 F. Supp.2d 438", "category": "reporters:federal", "reporter": "F. Supp. 2d", "case_ids": [ 9447852 ], "year": 2002, "pin_cites": [ { "page": "441", "parenthetical": "\"advertisements and solicitations not targeted to the forum, but... that subsequently find their way into the forum, are entirely insufficient to support a finding of general jurisdiction, even when coupled with de minimus sales in the forum\"" } ], "opinion_index": 0, "case_paths": [ "/f-supp-2d/192/0438-01" ] }, { "cite": "349 S.E.2d 579", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "pin_cites": [ { "parenthetical": "where \"subsidiary's presence in [N.C.] is primarily for ... its own business and the subsidiary has preserved some semblance of independence from [defendant], jurisdiction over [defendant] may not be acquired on the basis of the local activities of the subsidiary\"" } ], "opinion_index": 0 }, { "cite": "318 N.C. 504", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4740610 ], "year": 1986, "pin_cites": [ { "parenthetical": "where \"subsidiary's presence in [N.C.] is primarily for ... its own business and the subsidiary has preserved some semblance of independence from [defendant], jurisdiction over [defendant] may not be acquired on the basis of the local activities of the subsidiary\"" } ], "opinion_index": 0, "case_paths": [ "/nc/318/0504-01" ] }, { "cite": "343 S.E.2d 2", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "pin_cites": [ { "page": "4" } ], "opinion_index": 0 }, { "cite": "80 N.C. App. 459", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8524299 ], "year": 1986, "pin_cites": [ { "page": "462" } ], "opinion_index": 0, "case_paths": [ "/nc-app/80/0459-01" ] }, { "cite": "129 F. Supp.2d 56", "category": "reporters:federal", "reporter": "F. Supp. 2d", "case_ids": [ 11130987 ], "year": 2001, "pin_cites": [ { "page": "70", "parenthetical": "\"Jurisdiction over HRC will lie, then, only if the activities of HRC are confusingly intermingled with those of Disney so as to warrant imputing the established contacts between Disney/WDA and Massachusetts to HRC itself.\"" } ], "opinion_index": 0, "case_paths": [ "/f-supp-2d/129/0056-01" ] }, { "cite": "398 S.E.2d 475", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1990, "pin_cites": [ { "page": "481" } ], "opinion_index": 0 }, { "cite": "327 N.C. 552", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2498880 ], "year": 1990, "pin_cites": [ { "page": "563" } ], "opinion_index": 0, "case_paths": [ "/nc/327/0552-01" ] }, { "cite": "465 U.S. 783", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11337451 ], "weight": 6, "year": 1984, "pin_cites": [ { "page": "791" }, { "page": "813" } ], "opinion_index": 0, "case_paths": [ "/us/465/0783-01" ] }, { "cite": "136 L. Ed. 2d 334", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1996, "pin_cites": [ { "parenthetical": "New York defendant's hiring of Maryland investigator insufficient to create personal jurisdiction in Maryland where defendant did not direct activities of investigator" } ], "opinion_index": 0 }, { "cite": "519 U.S. 983", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11696293, 11695529, 11695916, 11696141, 11695838, 11695631, 11695985, 11696179, 11695764, 11696086, 11695703, 11696221, 11695582, 11696031 ], "year": 1996, "pin_cites": [ { "parenthetical": "New York defendant's hiring of Maryland investigator insufficient to create personal jurisdiction in Maryland where defendant did not direct activities of investigator" } ], "opinion_index": 0, "case_paths": [ "/us/519/0983-14", "/us/519/0983-01", "/us/519/0983-07", "/us/519/0983-11", "/us/519/0983-06", "/us/519/0983-03", "/us/519/0983-08", "/us/519/0983-12", "/us/519/0983-05", "/us/519/0983-10", "/us/519/0983-04", "/us/519/0983-13", "/us/519/0983-02", "/us/519/0983-09" ] }, { "cite": "84 F.3d 132", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 1793542 ], "weight": 3, "year": 1996, "pin_cites": [ { "page": "135" }, { "page": "135" } ], "opinion_index": 0, "case_paths": [ "/f3d/84/0132-01" ] }, { "cite": "952 F.Supp. 495", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 7773576 ], "year": 1997, "pin_cites": [ { "page": "498" } ], "opinion_index": 0, "case_paths": [ "/f-supp/952/0495-01" ] }, { "cite": "544 S.E.2d 782", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "parenthetical": "no agency relationship between franchiser and independent contractor/ franchisee where franchiser did not have any control over franchisee's day to day operations" } ], "opinion_index": 0 }, { "cite": "352 N.C. 590", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 685003, 685101, 684884, 685111, 685081 ], "year": 2000, "pin_cites": [ { "parenthetical": "no agency relationship between franchiser and independent contractor/ franchisee where franchiser did not have any control over franchisee's day to day operations" } ], "opinion_index": 0, "case_paths": [ "/nc/352/0590-05", "/nc/352/0590-02", "/nc/352/0590-01", "/nc/352/0590-03", "/nc/352/0590-04" ] }, { "cite": "528 S.E.2d 923", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "parenthetical": "no agency relationship between franchiser and independent contractor/ franchisee where franchiser did not have any control over franchisee's day to day operations" } ], "opinion_index": 0 }, { "cite": "137 N.C. App. 520", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11094411 ], "year": 2000, "pin_cites": [ { "parenthetical": "no agency relationship between franchiser and independent contractor/ franchisee where franchiser did not have any control over franchisee's day to day operations" } ], "opinion_index": 0, "case_paths": [ "/nc-app/137/0520-01" ] }, { "cite": "181 F. Supp.2d 644", "category": "reporters:federal", "reporter": "F. Supp. 2d", "case_ids": [ 9401618 ], "year": 2002, "pin_cites": [ { "page": "647" } ], "opinion_index": 0, "case_paths": [ "/f-supp-2d/181/0644-01" ] }, { "cite": "466 U.S. 408", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6200640 ], "weight": 4, "year": 1984, "pin_cites": [ { "page": "414" }, { "page": "411" }, { "page": "415" }, { "page": "411" } ], "opinion_index": 0, "case_paths": [ "/us/466/0408-01" ] }, { "cite": "541 S.E.2d 733", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2001, "pin_cites": [ { "parenthetical": "applying International Shoe standard to issue of personal jurisdiction" } ], "opinion_index": 0 }, { "cite": "141 N.C. App. 668", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9442864 ], "year": 2001, "pin_cites": [ { "parenthetical": "applying International Shoe standard to issue of personal jurisdiction" } ], "opinion_index": 0, "case_paths": [ "/nc-app/141/0668-01" ] }, { "cite": "326 U.S. 310", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6157001 ], "weight": 3, "year": 1945, "pin_cites": [ { "page": "316", "parenthetical": "citations omitted" }, { "page": "102", "parenthetical": "citations omitted" }, { "page": "316" } ], "opinion_index": 0, "case_paths": [ "/us/326/0310-01" ] }, { "cite": "479 S.E.2d 788", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1997, "pin_cites": [ { "page": "794", "parenthetical": "citations omitted" } ], "opinion_index": 0 }, { "cite": "125 N.C. App. 163", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11866240 ], "year": 1997, "pin_cites": [ { "page": "173", "parenthetical": "citations omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/125/0163-01" ] }, { "cite": "417 S.E.2d 255", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1992, "pin_cites": [ { "parenthetical": "where \"issue ... not raised by either of the parties on appeal,\" appellate court is \"without jurisdiction to address [issue]\"" } ], "opinion_index": 0 }, { "cite": "331 N.C. 287", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2501957, 2498451, 2497272, 2497849, 2501053 ], "year": 1992, "pin_cites": [ { "parenthetical": "where \"issue ... not raised by either of the parties on appeal,\" appellate court is \"without jurisdiction to address [issue]\"" } ], "opinion_index": 0, "case_paths": [ "/nc/331/0287-01", "/nc/331/0287-02", "/nc/331/0287-03", "/nc/331/0287-05", "/nc/331/0287-04" ] }, { "cite": "412 S.E.2d 917", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1992, "pin_cites": [ { "page": "920", "parenthetical": "where \"issue ... not raised by either of the parties on appeal,\" appellate court is \"without jurisdiction to address [issue]\"" } ], "opinion_index": 0 }, { "cite": "105 N.C. App. 247", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8522461 ], "year": 1992, "pin_cites": [ { "page": "251", "parenthetical": "where \"issue ... not raised by either of the parties on appeal,\" appellate court is \"without jurisdiction to address [issue]\"" } ], "opinion_index": 0, "case_paths": [ "/nc-app/105/0247-01" ] }, { "cite": "231 S.E.2d 629", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1977, "pin_cites": [ { "page": "630" } ], "opinion_index": 0 }, { "cite": "291 N.C. 674", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8558922 ], "year": 1977, "pin_cites": [ { "page": "676" } ], "opinion_index": 0, "case_paths": [ "/nc/291/0674-01" ] }, { "cite": "310 S.E.2d 358", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1983, "pin_cites": [ { "parenthetical": "appeal of adverse ruling on issue of personal jurisdiction properly directed at determination of whether North Carolina statutes permit our courts \"to entertain this action against defendants], and, if so, whether this exercise of jurisdiction violates due process\" (emphasis added)" } ], "opinion_index": 0 }, { "cite": "309 N.C. 825", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4760644, 4766091, 4763893, 4763133, 4760062 ], "year": 1983, "opinion_index": 0, "case_paths": [ "/nc/309/0825-04", "/nc/309/0825-01", "/nc/309/0825-05", "/nc/309/0825-03", "/nc/309/0825-02" ] }, { "cite": "302 S.E.2d 888", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1983, "pin_cites": [ { "page": "889" } ], "opinion_index": 0 }, { "cite": "62 N.C. App. 525", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8523586 ], "year": 1983, "pin_cites": [ { "page": "526" } ], "opinion_index": 0, "case_paths": [ "/nc-app/62/0525-01" ] }, { "cite": "525 S.E.2d 481", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "page": "484", "parenthetical": "\"contested finding of fact must be separately assigned as error, and the failure to do so results in a waiver of the right to challenge the sufficiency of the evidence to support the finding\" on appeal" } ], "opinion_index": 0 }, { "cite": "136 N.C. App. 587", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11241064 ], "year": 2000, "pin_cites": [ { "page": "591", "parenthetical": "\"contested finding of fact must be separately assigned as error, and the failure to do so results in a waiver of the right to challenge the sufficiency of the evidence to support the finding\" on appeal" } ], "opinion_index": 0, "case_paths": [ "/nc-app/136/0587-01" ] }, { "cite": "506 S.E.2d 754", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 1998, "pin_cites": [ { "page": "758", "parenthetical": "citation omitted" }, { "page": "758" }, { "page": "758" } ], "opinion_index": 0 }, { "cite": "131 N.C. App. 231", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11198623 ], "weight": 3, "year": 1998, "pin_cites": [ { "page": "235", "parenthetical": "citation omitted" }, { "page": "235" }, { "page": "235" } ], "opinion_index": 0, "case_paths": [ "/nc-app/131/0231-01" ] }, { "cite": "208 S.E.2d 676", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1974, "opinion_index": 0 }, { "cite": "285 N.C. 700", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8569715 ], "year": 1974, "opinion_index": 0, "case_paths": [ "/nc/285/0700-01" ] }, { "cite": "515 S.E.2d 46", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 1999, "pin_cites": [ { "page": "48", "parenthetical": "citing Chadbourn, Inc. v. Katz, 285 N.C. 700, 208 S.E.2d 676 (1974)" }, { "page": "49-50", "parenthetical": "quoting Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414, 80 L. Ed. 2d 404, 411 (1984)" }, { "page": "48", "parenthetical": "on appeal of order determining personal jurisdiction, \"this Court must affirm the order of the trial court\" if trial court's findings of fact are supported by competent evidence" } ], "opinion_index": 0 }, { "cite": "133 N.C. App. 139", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11217279 ], "weight": 3, "year": 1999, "pin_cites": [ { "page": "140-41", "parenthetical": "citing Chadbourn, Inc. v. Katz, 285 N.C. 700, 208 S.E.2d 676 (1974)" }, { "page": "143", "parenthetical": "quoting Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414, 80 L. Ed. 2d 404, 411 (1984)" }, { "page": "140-41" } ], "opinion_index": 0, "case_paths": [ "/nc-app/133/0139-01" ] }, { "cite": "546 S.E.2d 90", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2000, "pin_cites": [ { "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "353 N.C. 261", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 135782, 135657, 135981, 135737, 135578 ], "year": 2000, "pin_cites": [ { "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/353/0261-04", "/nc/353/0261-03", "/nc/353/0261-01", "/nc/353/0261-02", "/nc/353/0261-05" ] }, { "cite": "532 S.E.2d 215", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 4, "year": 2000, "pin_cites": [ { "page": "218", "parenthetical": "citation omitted" }, { "page": "220", "parenthetical": "where there is \"no evidence of a legal relationship between [the two defendants], plaintiffs may not rely upon [one defendant's] activities within this State to establish the requisite minimum contacts\"" }, { "page": "218", "parenthetical": "when defendant supplements motion challenging personal jurisdiction with affidavits or other evidence, the allegations in the complaint \"can no longer be taken as true or controlling and plaintifff] cannot rest\" upon those allegations" }, { "page": "218" } ], "opinion_index": 0 }, { "cite": "138 N.C. App. 612", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11080985 ], "weight": 3, "year": 2000, "pin_cites": [ { "page": "615-16", "parenthetical": "citation omitted" }, { "page": "619", "parenthetical": "where there is \"no evidence of a legal relationship between [the two defendants], plaintiffs may not rely upon [one defendant's] activities within this State to establish the requisite minimum contacts\"" }, { "page": "615-16" } ], "opinion_index": 0, "case_paths": [ "/nc-app/138/0612-01" ] }, { "cite": "306 S.E.2d 562", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1983, "pin_cites": [ { "page": "565" } ], "opinion_index": 0 }, { "cite": "64 N.C. App. 41", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8526132 ], "year": 1983, "pin_cites": [ { "page": "45" } ], "opinion_index": 0, "case_paths": [ "/nc-app/64/0041-01" ] }, { "cite": "461 S.E.2d 757", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1995, "pin_cites": [ { "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "341 N.C. 419", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 793216, 793197, 793171, 793173, 793241 ], "year": 1995, "pin_cites": [ { "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/341/0419-02", "/nc/341/0419-01", "/nc/341/0419-05", "/nc/341/0419-04", "/nc/341/0419-03" ] }, { "cite": "455 S.E.2d 473", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1995, "pin_cites": [ { "page": "479", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "118 N.C. App. 341", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11918298 ], "year": 1995, "pin_cites": [ { "page": "347", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/118/0341-01" ] } ], "analysis": { "cardinality": 1220, "char_count": 31295, "ocr_confidence": 0.757, "pagerank": { "raw": 2.394165251474428e-07, "percentile": 0.7981986594585244 }, "sha256": "62aa622383b95f605e7c393fd84f97c3c832677e5e9fa81d18697a02fbe067ee", "simhash": "1:10bb5ca1d26ad74c", "word_count": 4852 }, "last_updated": "2023-07-14T16:47:19.620477+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges TIMMONS-GOODSON and McCULLOUGH concur." ], "parties": [ "DINAH WYATT, GARY WYATT and HUNTER WYATT, Plaintiffs v. WALT DISNEY WORLD, CO., LAKE BUENA VISTA COMMUNITIES, INC. d/b/a DISNEY\u2019S DIXIE LANDINGS RESORT, CLAIM VERIFICATION, INC. (CVI) and DANIEL KEYS, Private Investigator, Defendants" ], "opinions": [ { "text": "JOHN, Judge.\nPlaintiffs Dinah Wyatt (Mrs. Wyatt), Gary Wyatt, and Hunter Wyatt (plaintiffs) appeal the trial court\u2019s 12 February 2001 order granting the N.C.G.S. \u00a7 1A-1, Rule 12 (b)(2) (2000), motion of defendants Disney World Co. (WDWCO) and Walt Disney World Hospitality & Recreation Corporation (HRC) (defendants) to dismiss plaintiffs\u2019 claims for lack of personal jurisdiction (defendants\u2019 motion to dismiss). For the reasons stated herein, we affirm the trial court.\nRelevant factual and procedural information includes the following: In August 1994, plaintiffs, residents of Wilkes County, traveled to Walt Disney World Resort (the Resort) in Lake Buena Vista, Florida. Plaintiffs secured lodging at Dixie Landings, a hotel located at the Resort and owned at the time by Lake Buena Vista Communities, Inc., to which interest HRC subsequently succeeded. Shortly after plaintiffs\u2019 arrival at Dixie Landings, Mrs. Wyatt was injured in an accident involving the tram used by Dixie Landings to transport hotel customers from the registration desk to their rooms.\nOn 10 June 1997, plaintiffs filed the instant action against defendants in Wilkes County Superior Court alleging negligence and loss of consortium. Based upon the alleged conduct of defendants Claims Verifications, Inc. (CVI) and Daniel Keys (Keys) following CVTs retention by defendants to investigate the accident, plaintiffs also asserted claims of negligent and intentional infliction of emotional distress. Plaintiffs sought compensatory and punitive damages as well as counsel fees. The present appeal involves only WDWCO and HRC.\nDefendants\u2019 motion to dismiss was filed 18 August 1999, and heard 22 January 2001. The trial court granted the motion in a 12 February 2001 order which recited, inter alia, the following findings of fact:\n1. WDWCO is a Florida corporation qualified to do business and doing business in the State of Florida. Its principal business activities consist of ownership and operation of ... an entertainment complex located in Orange County, Florida known as the WALT DISNEY WORLD Resort. ... It does not own or operate Dixie Landings Resort . . . which is the hotel at which plaintiff Dinah Wyatt allegedly sustained her injury.\n2. WDWCO is not qualified to do business in the State of North Carolina, . . . has no office or place of business in North Carolina and has no officers, agents or employees in the State of North Carolina. . . . WDWCO . . . [owns no] real property in North Carolina. It has no assets in North Carolina. All advertising for the WALT DISNEY WORLD Resort outside of Florida is purchased and placed on a regional or national basis, by entities other than WDWCO or HRC, and is not targeted to North Carolina. . . .\n3. HRC is a Florida Corporation qualified to do business and doing business in the State of Florida... [which operates] a facility known as the Disney\u2019s Dixie Landings Resort located in Orange County, Florida.... HRC is not qualified to do business in the State of North Carolina.. . . has no office or place of business in North Carolina and has no officers, agents or employees in the State of North Carolina.... HRC ... [does not] own any real property in North Carolina. It has no assets in North Carolina.... HRC does not advertise or market itself outside the State of Florida. All advertising for the Disney\u2019s Dixie Landings Resort is acquired and placed on a regional or national basis, by entities other than HRC, and is not targeted to North Carolina. . . .\n4. HRC and WDWCO are separate and independent companies, and neither has an ownership interest in the other. . . . Furthermore, neither WDWCO nor HRC owns, operates or has any interest in The Disney Store, Inc., or any store operated by The Disney Store, Inc. In North Carolina. . . .\n5. All advertising for the various properties within the WALT DISNEY WORLD Resort outside of Florida is created on a regional or national basis and is not targeted specifically to North Carolina. . . .\n9. Pursuant to a services agreement, WDWCO hired CVI ... in Florida. CVI was hired to investigate plaintiffs personal injury claims that arose out of an incident that occurred in Florida.\n10. CVI was an independent contractor retained by WDWCO. Keys was an employee of CVI. Neither WDWCO nor HRC instructed either CVI or Keys as to the manner or method by which CVI or Keys was to perform the investigation. Keys investigation involved only conducting surveillance of plaintiff Dinah Wyatt in public.\n12. All alleged conduct of defendants WDWCO and HRC allegedly giving rise to plaintiffs\u2019 claims occurred in Florida.\n13. Neither WDWCO nor HRC has maintained continuous and systematic contacts with North Carolina.\n14. Neither WDWCO nor HRC purposefully directed its activities toward North Carolina or availed itself of the privilege of conducting activities within North Carolina, thus invoking the benefits and protection of its laws.\n15. Neither WDWCO nor HRC could foresee being hailed into court in North Carolina for the claims set forth in plaintiffs\u2019 Complaint based on the evidence before the Court.\n16. Any other contact of WDWCO or HRC with North Carolina alleged by plaintiffs [is] unsupported by competent evidence or, based on the competent evidence before the Court, are not attributable to either WDWCO or HRC.\nBased upon its findings of fact, the trial court concluded as a matter of law that neither WDWCO nor HRC were subject to personal jurisdiction in North Carolina in the instant case. All plaintiffs\u2019 claims against WDWCO and HRC were thereupon dismissed for lack of personal jurisdiction. Plaintiffs appeal.\nWe observe initially that\n[a]ny interested party shall have the right of immediate appeal from an adverse ruling as to the jurisdiction of the court over the person or property of the defendant^]\nN.C.G.S. \u00a7 l-277(b) (2000). Plaintiffs\u2019 appeal is thus properly before this Court.\nUpon a defendant\u2019s personal jurisdiction challenge, the plaintiff has \u201cthe burden of proving prima facie that a statutory basis for jurisdiction exists.\u201d Godwin v. Walls, 118 N.C. App. 341, 347, 455 S.E.2d 473, 479, disc. review allowed, 341 N.C. 419, 461 S.E.2d 757 (1995) (citation omitted). Where unverified allegations in the plaintiffs complaint meet plaintiff\u2019s\ninitial burden of proving the existence of jurisdiction . . . and defendant. . . [does] not contradict plaintiff\u2019s allegations in [its] sworn affidavit,\nBush v. BASF Wyandotte Corp., 64 N.C. App. 41, 45, 306 S.E.2d 562, 565 (1983), such allegations are accepted as true and deemed controlling, id. However, when a defendant supplements its motion with affidavits or other supporting evidence, the allegations of the plaintiff\u2019s complaint \u201ccan no longer be taken as true or controlling and plaintiff]] cannot rest on the allegations of the complaint,\u201d Bruggeman v. Meditrust Acquisition Co., 138 N.C. App. 612, 615-16, 532 S.E.2d 215, 218, disc. review denied, 353 N.C. 261, 546 S.E.2d 90 (2000) (citation omitted), but must respond \u201cby affidavit or otherwise . . . set[ting] forth specific facts showing that the court has jurisdiction.\u201d Id.\nFurther,\n[t]he determination of whether jurisdiction is statutorily and constitutionally permissible due to contact with the forum is a question of fact. The standard of [appellate] review of an order determining personal jurisdiction is whether the findings of fact by the trial court are supported by competent evidence in the record; if so, this Court must affirm the order of the trial court.\nReplacements, Ltd. v. MidweSterling, 133 N.C. App. 139, 140-41, 515 S.E.2d 46, 48 (1999) (citing Chadbourn, Inc. v. Katz, 285 N.C. 700, 208 S.E.2d 676 (1974)). Moreover, if the trial court\u2019s findings of fact resolving the defendant\u2019s jurisdictional challenge \u201care not assigned as error, the court\u2019s findings are \u2018presumed to be correct,\u2019 \u201d Inspirational Network, Inc. v. Combs, 131 N.C. App. 231, 235, 506 S.E.2d 754, 758 (1998) (citation omitted); see also Okwara v. Dillard Dep\u2019t Stores, Inc., 136 N.C. App. 587, 591, 525 S.E.2d 481, 484 (2000) (\u201ccontested finding of fact must be separately assigned as error, and the failure to do so results in a waiver of the right to challenge the sufficiency of the evidence to support the finding\u201d on appeal).\nIn the instant case, plaintiffs introduced no evidence or affidavits at the hearing on defendants\u2019 motion nor have plaintiffs assigned error to any of the trial court\u2019s findings of fact.\nIn their single assignment of error, plaintiffs essentially assert the presence of federal due process requirements for assumption of personal jurisdiction, cf. Styleco, Inc. v. Stoutco, Inc. 62 N.C. App. 525, 526, 302 S.E.2d 888, 889, disc. review denied, 309 N.C. 825, 310 S.E.2d 358 (1983) (appeal of adverse ruling on issue of personal jurisdiction properly directed at determination of whether North Carolina statutes permit our courts \u201cto entertain this action against defendants], and, if so, whether this exercise of jurisdiction violates due process\u201d (emphasis added)), and only cursorily address the applicability of North Carolina statutory authority, commonly referred to as our \u201clong-arm statute,\u201d Dillon v. Funding Corp., 291 N.C. 674, 676, 231 S.E.2d 629, 630 (1977). Defendants have responded in kind, and we therefore likewise confine our discussion to this issue. See N.C.R. App. P. 10(a) (Court\u2019s review \u201cconfined to a consideration of those assignments of error set out in the record on appeal\u201d), N.C.R. App. P. 28(b)(5) (\u201cAssignments of error... [for] which no reason or argument is stated or authority cited, will be taken as abandoned.\u201d), and Sonek v. Sonek, 105 N.C. App. 247, 251, 412 S.E.2d 917, 920, disc. review allowed, 331 N.C. 287, 417 S.E.2d 255 (1992) (where \u201cissue ... not raised by either of the parties on appeal,\u201d appellate court is \u201cwithout jurisdiction to address [issue]\u201d).\nPlaintiffs maintain the trial court erred by granting defendants\u2019 motion to dismiss in that\ndefendants-appellees have continuous and systematic contacts with North Carolina and the cause of action directly relates to one of defendants-appellees significant contacts with North Carolina.\nPlaintiffs\u2019 argument is unfounded.\nUnder our \u2018long arm\u2019 statute, North Carolina courts may obtain personal jurisdiction over a non-resident defendant to the full extent permitted by the Due Process Clause of the United States Constitution.\u201d\nSaxon v. Smith, 125 N.C. App. 163, 173, 479 S.E.2d 788, 794 (1997) (citations omitted). Years ago, the United States Supreme Court articulated a two part federal due process test for personal jurisdiction as follows:\n[D]ue process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend \u2018traditional notions of fair play and substantial justice.\u2019\nInternational Shoe Company v. Washington, 326 U.S. 310, 316, 90 L. Ed. 95, 102 (1945) (citations omitted). International Shoe remains the leading authority on personal jurisdiction and decisions of our Courts have adhered to its principles. See, e.g., Filmar Racing, Inc. v. Stewart, 141 N.C. App. 668, 541 S.E.2d 733 (2001) (applying International Shoe standard to issue of personal jurisdiction).\nIn addition,\n[t]he United States Supreme Court has noted two types of long-arm jurisdiction: \u201cspecific jurisdiction,\u201d where the controversy arises out of the defendant\u2019s contacts with the forum state, and \u201cgeneral jurisdiction,\u201d where the controversy is unrelated to the defendant\u2019s activities within the forum, but there are \u201csufficient contacts\u201d between the forum and the defendant.\nReplacements, Ltd. v. MidweSterling, 133 N.C. App. 139, 143, 515 S.E.2d 46, 49-50 (1999) (quoting Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414, 80 L. Ed. 2d 404, 411 (1984)).\nSpecific jurisdiction exists if the defendant has purposely directed its activities toward the resident of the forum and the cause of action relates to such activities. This inquiry focuses on whether the defendant \u201cpurposefully availed itself of the privilege of conducting activities in-state, thereby invoking the benefits and protections of the forum state\u2019s laws,\u201d and jurisdiction may be proper even if the defendant has never set foot in the forum state. General jurisdiction exists where the defendant has continuous and systematic contacts with the forum state, even though those contacts do not relate to the cause of action.\nFrisella v. Transoceanic Cable Ship Co., 181 F. Supp.2d 644, 647 (E.D.La. 2002).\nPlaintiffs herein assert the presence of both general and specific jurisdiction. Regarding the latter, plaintiffs maintain North Carolina has specific jurisdiction because\nthe tortious acts that form the basis for Plaintiffs\u2019 emotional distress claims were committed in North Carolina by Daniel Keys, a private investigator working on behalf of WDWCO and HRC.\n\u201cBy retaining Keys,\u201d plaintiffs continue, defendants risked liability for his actions and thereby \u201cshould have reasonably expected that they could be haled into court in North Carolina.\u201d According to plaintiffs, therefore, defendants, through CVI and its employee Keys, engaged in acts within North Carolina that gave rise to the instant action, thereby establishing specific jurisdiction.\nHowever, plaintiffs\u2019 argument assumes that the alleged actions of CVI and Keys in North Carolina may be imputed to defendants. In this regard, the trial court\u2019s findings of fact nine, ten and twelve, unchallenged by plaintiffs and thus presumed to be correct, see Inspirational Network, Inc. v. Combs, 131 N.C. App. at 235, 506 S.E.2d at 758, establish that CVI, a Florida company, was employed by defendants in Florida, that Keys was solely the employee of CVI, that neither WDWCO nor HRC instructed or supervised CVI and Keys as to the manner in which their investigation was to be conducted, that defendants did not engage in activities outside the state of Florida and that CVI, and thus its employee Keys, acted as an independent contractor rather than as an agent of defendants.\nActions of an independent contractor are not attributable to the party hiring it, and thus do not, without more, establish jurisdiction. Miller v. Piedmont Steam Co., 137 N.C. App. 520, 528 S.E.2d 923, disc. review denied, 352 N.C. 590, 544 S.E.2d 782 (2000) (no agency relationship between franchiser and independent contractor/ franchisee where franchiser did not have any control over franchisee\u2019s day to day operations).\nThe critical element of an agency relationship is the right of control, and the principal must have the right to control both the means and the details of the process by which the agent is to accomplish his task in order for an agency relationship to exist. Absent proof of the right to control, only an independent contractor relationship is established. The actions of an independent contractor by themselves are not sufficient to subject a nonresident corporation to the jurisdiction of a forum.\nWilliamson v. Petrosakh Joint Stock Co., 952 F.Supp. 495, 498 (S.D.Tex. 1997); see also Stover v. O\u2019Connell Associates, Inc., 84 F.3d 132 (4th Cir. 1996), cert. denied, 519 U.S. 983, 136 L. Ed. 2d 334 (1996) (New York defendant\u2019s hiring of Maryland investigator insufficient to create personal jurisdiction in Maryland where defendant did not direct activities of investigator).\nPlaintiffs direct our attention to nothing in the instant record which raises an issue of fact regarding defendants\u2019 retention of control over the manner in which CVI and Keys investigated the accident at issue. Notwithstanding, plaintiffs point to the case of Calder v. Jones, 465 U.S. 783, 79 L. Ed. 2d 804 (1984) as supportive. We conclude that plaintiffs reliance upon Colder is unavailing.\nIn Calder, a Florida newspaper was held subject to suit in California. Id. at 791, 79 L. Ed.2d at 813. The newspaper published approximately six hundred thousand copies of an allegedly defamatory article, researched from California sources, about a California resident. Id. The Court held\njurisdiction over petitioners in California [wa]s proper because of their intentional conduct in Florida calculated to cause injury to respondent in California.\nId. By contrast, WDWCO and HRC herein are Florida companies which hired a Florida investigation firm to investigate a personal injury claim arising out of an accident in the state of Florida.\nInterestingly, we note the plaintiffs in Stover similarly relied upon Calder. See Stover, 84 F.3d at 135. The Fourth Circuit ruled Colder was inapplicable and that the Maryland court had no personal jurisdiction over a New York investigation firm which telephoned from New York to hire a Maryland company to investigate a Maryland resident, but exercised no control over the investigation. Id. at 135. Indeed, the instant facts involving a hiring in Florida to investigate a Florida accident are further removed from the circumstances in Colder than the facts in Stover.\nMoreover,\n[decisions by the federal courts as to the construction and effect of the due process clause of the United States Constitution are binding on this Court[.]\nMcNeill v. Harnett County, 327 N.C. 552, 563, 398 S.E.2d 475, 481 (1990). The Fourth Circuit\u2019s opinion in Stover is directly on point, and its reasoning is applicable to the present case.\nIn short, the trial court\u2019s findings of fact support its conclusion that specific personal jurisdiction could not be exercised over defendants either based upon their hiring of CVI or upon the activities of Keys in North Carolina on behalf of CVI. Plaintiffs\u2019 arguments to the contrary are therefore unavailing.\nPlaintiffs also maintain that assumption of general personal jurisdiction over defendants might properly be exercised by the North Carolina court. Again, we disagree.\nGeneral jurisdiction over a party is proper when that party has engaged in \u201ccontinuous and systematic contacts\u201d with the forum state. Helicopteros Nacionales de Colombia v. Hall, 466 U.S. at 415, 80 L. Ed. 2d at 411. Plaintiffs assert a general relationship among various commercial enterprises with some connection to WDWCO, including television and print advertising, employee recmitment, sales of Disney related products, travel agencies, etc. In effect, plaintiffs invite this Court to treat the entire \u201cDisney empire,\u201d and all who profit from the existence of WDWCO, as one entity for purposes of personal jurisdiction.\nHowever, we may not do so absent proof that the businesses are parts of the same whole. See Sigros v. Walt Disney World Co., 129 F. Supp.2d 56, 70 (D. Mass. 2001) (\u201cJurisdiction over HRC will lie, then, only if the activities of HRC are confusingly intermingled with those of Disney so as to warrant imputing the established contacts between Disney/WDA and Massachusetts to HRC itself.\u201d); Ash v. Burnham Corp., 80 N.C. App. 459, 462, 343 S.E.2d 2, 4, aff\u2019d, 318 N.C. 504, 349 S.E.2d 579 (1986) (where \u201csubsidiary\u2019s presence in [N.C.] is primarily for ... its own business and the subsidiary has preserved some semblance of independence from [defendant], jurisdiction over [defendant] may not be acquired on the basis of the local activities of the subsidiary\u201d); and Bruggeman v. Meditrust Acquisition Co., 138 N.C. App. 612, 619, 532 S.E.2d 215, 220 (2000) (where there is \u201cno evidence of a legal relationship between [the two defendants], plaintiffs may not rely upon [one defendant\u2019s] activities within this State to establish the requisite minimum contacts\u201d).\nIn the trial court, defendants introduced uncontradicted affidavits from vice presidents of HRC and WDWCO as well as from the president of \u201cThe Disney Store\u201d generally establishing that the three are separate entities and that WDWCO and HRC do not advertise or otherwise conduct business in North Carolina. See Bruggeman, id. at 615-16, 532 S.E.2d at 218 (when defendant supplements motion challenging personal jurisdiction with affidavits or other evidence, the allegations in the complaint \u201ccan no longer be taken as true or controlling and plaintifff] cannot rest\u201d upon those allegations).\nIn addition, the trial court\u2019s findings of fact number two, three, four, thirteen, fourteen, fifteen and sixteen, supported by the above-mentioned evidence, see Replacements, Ltd. v. MidweSterling, 133 N.C. App. at 140-41, 515 S.E.2d at 48 (on appeal of order determining personal jurisdiction, \u201cthis Court must affirm the order of the trial court\u201d if trial court\u2019s findings of fact are supported by competent evidence), and unchallenged by plaintiffs, see Bruggeman v. Meditrust Acquisition Co., 138 N.C. App. at 615-16, 532 S.E.2d at 218, establish that, although various travel agents, retail stores, and advertisers, et. al, might attempt to capitalize on the popularity of \u201cDisney World,\u201d these enterprises are entirely separate from WDWCO and HRC. Moreover, plaintiffs\u2019 claims of \u201ctens of thousands of fliers\u201d advertising vacations at WDWCO do not, absent more, subject WDWCO to jurisdiction in North Carolina. See CEM Corp. v. Personal Chemistry AB, 192 F. Supp.2d 438, 441 (W.D.N.C. 2002) (\u201cadvertisements and solicitations not targeted to the forum, but... that subsequently find their way into the forum, are entirely insufficient to support a finding of general jurisdiction, even when coupled with de minimus sales in the forum\u201d); and Schenck v. Walt Disney Co., 742 F.Supp. 838, 841 (S.D.N.Y. 1990) (although WDW solicits business \u201cthrough advertising and brochures,\u201d engages \u201cathletes at major sporting events ... to advertise for Walt Disney World,\u201d and \u201crecruits students from New York Colleges and Universities,\u201d these activities \u201cdo not amount to anything more than mere solicitation by WDW\u201d).\nThe trial court\u2019s findings of fact in turn support its conclusion that WDWCO and HRC did not maintain such \u201ccontinuous and systematic\u201d contacts with North Carolina as to satisfy general personal jurisdiction requirements. We therefore reject plaintiffs\u2019 second argument.\nFinally, plaintiffs assert that the second part of the International Shoe test, i. e., that \u201ctraditional notions of fair play and substantial justice,\u201d International Shoe Company v. Washington, 326 U.S. at 316, 90 L. Ed. 2d at 102, dictate that personal jurisdiction should be exercised in North Carolina, was satisfied here. Although our resolution of the \u201cminimum contacts\u201d issue against plaintiffs is dispositive, see id. (in order for a defendant to be subjected to personal jurisdiction, due process requires that it have certain \u201cminimum contacts\u201d with the forum state), we also find plaintiffs\u2019 concluding contention unconvincing.\nPlaintiffs complain that the burden of litigation upon them in Florida would be severe, while the burden upon defendants to contest plaintiffs\u2019 suit in North Carolina would be \u201cmarginal.\u201d However, these assertions are unsupported by competent evidence in the record. In addition, plaintiffs have failed to assign error to the trial court\u2019s determination that the exercise of personal jurisdiction over WDWCO and HRC for the claims set forth in plaintiffs\u2019 complaint would be unfair. See Inspirational Network v. Combs, 131 N.C. App. at 235, 506 S.E.2d at 758.\nPlaintiffs further argue that the applicable Florida statute of limitations may have elapsed, thereby precluding their filing of suit in that jurisdiction. In light of the 1994 occurrence date of the accident at issue and the initiation of litigation in 1997, we conclude that potential applicability of the Florida statute of limitations does not constitute a valid consideration. See Trexler v. Pollock, 135 N.C. App. 601, 607, 522 S.E.2d 84, 88 (1999), cert. denied, 351 N.C. 480, 543 S.E.2d 509 (2000) (\u201cWith the passage of time, memories fade or fail altogether, witnesses die or move away, evidence is lost or destroyed; and it is for these reasons, and others, that statutes of limitations are inflexible and unyielding and operate without regard to the merits of a cause of action.\u201d) (citation omitted).\nPlaintiffs cite three federal district court decisions from Pennsylvania as sustaining their position. See Weintraub v. Walt Disney World Co., 825 F. Supp. 717, 722 (E.D. Pa. 1993); Cresswell v. Walt Disney Productions, 677 F. Supp. 284, 285 (M.D. Pa. 1987); Gavigan v. Walt Disney World Co., 630 F. Supp. 148, 152, on reconsideration, 646 F. Supp. 786 (E.D. Pa. 1986). However, even in 1993, when the last of the cited cases was decided,\n[tjhree [other] recent Pennsylvania District Court decisions [had] held that advertisements by Disney World targeted at the Pennsylvania market were not \u2018continuous and systematic\u2019 contacts, and [that] to rely on that evidence to support general jurisdiction would be an affront to Due Process.\nCapizanno v. Walt Disney World Co., 826 F.Supp. 53, 56 (D.R.I.1993) (referring to the decisions in Jennings v. Walt Disney World, Inc., Civ. A. No. 92-2764, 1992 WL 188374 (E.D.Pa. Jul 27, 1992 ), Schulman v. Walt Disney World Co., Civ. A. No. 91-5259, 1992 WL 38390 (E.D.Pa. Feb 25, 1992), and Cunningham v. Walt Disney World Co., Civ. A. No. 90-6164, 1991 WL 22062 (E.D.Pa. Feb 19, 1991)); see also Whalen v. Walt Disney World Co., 274 Pa.Super. 246, 252, 418 A.2d 389, 392 (1980) (Pennsylvania courts lack personal jurisdiction over WDWCO \u201cbecause Disney\u2019s business activities in Pennsylvania are too indirect to be considered \u201ccontinuous and substantial\u201d).\nMoreover, the Pennsylvania cases cited by plaintiff stand in stark contrast to contrary rulings by numerous state and federal courts in other jurisdictions. See, e.g., Capizanno v. Walt Disney World Co., 826 F.Supp. 53, 55 (D.R.I.1993) (\u201cmerely having substantial contacts with a forum cannot provide a basis for general jurisdiction consistent with Due Process\u201d); Giangola v. Walt Disney World Co., 753 F.Supp. 148, 156 (D.N.J.1990) (personal jurisdiction not proper notwithstanding plaintiffs reliance upon advertisements placed by defendant in local newspapers); Schenk v. Walt Disney Company, 742 F.Supp. 838 (S.D.N.Y.1990); Grill v. Walt Disney Co., 683 F. Supp. 66, 69 (S.D.N.Y. 1988) (\u201cDisney World Co. [does not] engage[] in activities in New York beyond the \u2018mere solicitation\u2019 of business\u201d); Disney Enterprises, Inc. v. Esprit Finance, Inc., 981 S.W.2d 25, 30 (Tex.App.-San Antonio 1998) (\u201c[Plaintiff\u2019s] contention that Disney is amenable to suit in Texas under an agency theory of vicarious liability does not find support in the record\u201d).\nIn sum, for the reasons discussed above, the trial court did not err in granting defendants\u2019 motion to dismiss for lack of personal jurisdiction, and the order of the trial court is therefore affirmed.\nAffirmed.\nJudges TIMMONS-GOODSON and McCULLOUGH concur.", "type": "majority", "author": "JOHN, Judge." } ], "attorneys": [ "Comerford, & Britt, L.L.P., by W. Thompson Comerford, Jr. and Willardson & Lipscomb, L.L.P., by John S. Willardson, for plaintiff-appellants.", "Smith & Moore, L.L.P, by J. Donald Cowan, Jr., and Richard A. Coughlin, for defendant-appellees." ], "corrections": "", "head_matter": "DINAH WYATT, GARY WYATT and HUNTER WYATT, Plaintiffs v. WALT DISNEY WORLD, CO., LAKE BUENA VISTA COMMUNITIES, INC. d/b/a DISNEY\u2019S DIXIE LANDINGS RESORT, CLAIM VERIFICATION, INC. (CVI) and DANIEL KEYS, Private Investigator, Defendants\nNo. COA01-882\n(Filed 2 July 2002)\n1. Appeal and Error\u2014 appealability \u2014 jurisdiction\nAn interested party shall have the right of immediate appeal from an adverse ruling as to jurisdiction over the person or property.\n2. Jurisdiction\u2014 personal \u2014 process of challenge\nUpon a defendant\u2019s personal jurisdiction challenge, the plaintiff has the burden of proving prima facie that a statutory basis for jurisdiction exists. Where unverified allegations in the plaintiffs complaint meet plaintiffs initial burden and defendant does not contradict plaintiffs allegations, such allegations are accepted as true. However, when a defendant supplements its motion with affidavits or other supporting evidence, plaintiff cannot rest on the allegations of the complaint and must respond by setting forth specific facts showing that the court has jurisdiction. If the trial court\u2019s findings of fact resolving the defendant\u2019s jurisdictional challenge are not assigned as error, the court\u2019s findings are presumed to be correct.\n3. Jurisdiction\u2014 Florida accident \u2014 firm hired to investigate in North Carolina \u2014 independent contractor\nThe trial court did not err by granting defendants\u2019 motion to dismiss a negligence action for lack of personal jurisdiction where plaintiffs maintained that the Florida defendants had engaged in acts in North Carolina giving rise to jurisdiction through the actions of a firm hired by defendants to investigate the accident, but the firm acted as an independent contractor and its actions are not attributable to defendants.\n4. Jurisdiction\u2014 Disney \u2014 separate companies \u2014 advertising in North Carolina \u2014 not sufficient for jurisdiction\nThe trial court\u2019s findings of fact support its conclusion that Walt Disney World Company (WDWCO) and Walt Disney World Hospitality and Recreation Corporation (HRC) did not maintain such .continuous and systematic contacts with North Carolina as to satisfy general jurisdiction requirements. There were uncon-tradicted affidavits that WDWCO, HRC, and the Disney Store are separate entities and that WDWCO and HRC do not advertise or otherwise conduct business in North Carolina. While travel agents, retail stores, and advertisers might attempt to capitalize on the popularity of Disney World, these enterprises are entirely separate from WDWC and HRC. Moreover, plaintiffs\u2019 claims of tens of thousands of fliers advertising vacations at WDWCO do not, absent more, subject WDWC to jurisdiction in North Carolina.\n5. Jurisdiction\u2014 traditional notions of fair play and substantial justice \u2014 action in North Carolina against Disney\nThe \u201ctraditional notions of fair play and substantial justice\u201d test of International Shoe Company v. Washington did not dictate that personal jurisdiction should be exercised in North Carolina where plaintiff was injured at Disney World.\n6. Jurisdiction\u2014 action against Disney \u2014 burden of litigation\nPlaintiffs\u2019 assertions were not supported by competent evidence where plaintiffs contended that their burden of litigation in Florida would be severe while the burden on Walt Disney World and others to contest the suit in North Carolina would be marginal.\n7. Statute of Limitations\u2014 1994 Disney World accident \u2014 1997 action \u2014 Florida statute of limitations\nAlthough plaintiffs in a negligence action against Disney and others contended that the Florida statute of limitations may have precluded filing the suit in Florida, the applicability of the Florida statute was not a valid consideration in light of the 1994 occurrence of the accident and the initiation of litigation in 1997.\n8. Jurisdiction\u2014 minimum contacts \u2014 Disney advertising\nThree federal district court decisions from Pennsylvania did not support plaintiffs\u2019 minimum contacts arguments in a suit against Walt Disney Company and others where those cases were in stark contrast to numerous rulings by state and federal courts in other jurisdictions.\nAppeal by plaintiff-appellants from order entered 12 February 2001 by Judge Peter M. McHugh in Wilkes County Superior Court. Heard in the Court of Appeals 24 April 2002.\nComerford, & Britt, L.L.P., by W. Thompson Comerford, Jr. and Willardson & Lipscomb, L.L.P., by John S. Willardson, for plaintiff-appellants.\nSmith & Moore, L.L.P, by J. Donald Cowan, Jr., and Richard A. Coughlin, for defendant-appellees." }, "file_name": "0158-01", "first_page_order": 188, "last_page_order": 201 }