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Zimmerman v. Cornell Outdoor Educ.

Belay Device Maker Denied Dismissal But Hurt Climber Must Show if Belay Bought From N.Y.

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MEMORANDUM DECISION and ORDER I. INTRODUCTION On September 26, 2017, plaintiff Kathryn Zimmerman (“Zimmerman” or “plaintiff”) was injured when she fell from a rock-climbing wall. Plaintiff places part of the blame for her fall on defendant Black Diamond Equipment, Ltd. (“Black Diamond”). Black Diamond manufactures and markets the belay device — a safety mechanism used to secure a rock climber to a belayer on the ground below — that she trusted to keep her safe as she climbed. Black Diamond has moved to dismiss her claims against it under Federal Rule of Civil Procedure (“Rule”) 12(b)(2) for a lack of personal jurisdiction. That motion, having been fully briefed, will now be decided on the basis of the parties’ submissions without oral argument. II. BACKGROUND At all times relevant to this case, Zimmerman was enrolled as a student with defendant Cornell University. See Dkt. 1 (“Compl.”) 9. In addition to her studies, plaintiff took up rock climbing as a hobby in April of 2015. Id. 19. In particular, plaintiff favored climbing at the Lindseth Climbing Center (the “Lindseth Center”) on Cornell University’s campus. Id. 18. According to plaintiff, the Lindseth Center was owned and operated either by Cornell University itself or by defendant’s offshoot Cornell Outdoor Education (together “Cornell”). Id. On September 26, 2017, Zimmerman engaged in a form of climbing called lead rock climbing at the Lindseth Center. Compl. 12. A fellow student, Parley Hannan (“Hannan”), allegedly agreed to operate the belay device for plaintiff’s climb. Id. Both Hannan and plaintiff were experienced climbers who worked as “Wall Monitors,” employees of the Lindseth Center tasked with ensuring that students used proper equipment and techniques to ensure safety. Id.

12, 23. Zimmerman claims that Hannan brought her own belay equipment on September 26, 2017, which apparently Cornell policy permitted. Compl.

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