Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Zimmerman v. Cornell Outdoor Education

Defective Belay Device Shown Bought in New York, Establishing Jurisdiction Over Its Maker

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM DECISION and ORDER I. INTRODUCTION On August 7, 2020, plaintiff Kathryn Zimmerman (“Zimmerman” or “plaintiff”), a student at Cornell University, filed this action against defendants Cornell Outdoor Education and Cornell University (collectively “Cornell”), and Black Diamond Equipment, Ltd. (“Black Diamond”). Dkt. No. 1 (“Compl.”). Essentially, plaintiff alleges that she fell thirty-six feet while rock climbing after a belay device manufactured by Black Diamond malfunctioned. Id. On November 5, 2020, Black Diamond moved to dismiss all claims against it under Federal Rule of Civil Procedure (“Rule”) 12(b)(2) for lack of personal jurisdiction. Dkt. No. 13. All other parties opposed. Dkt. Nos. 16, 17. On January 8, 2021, the Court granted leave to conduct limited discovery into whether Parley Hannan (“Hannan”), Zimmerman’s belayer, purchased the defective belay device in New York. Dkt. No. 19 at 14. Following this limited discovery, Black Diamond renewed its motion to dismiss on February 12, 2021. Black Diamond’s renewed motion, having been fully briefed, will now be decided on the basis of the parties’ submissions without oral argument. II. BACKGROUND These factual allegations are taken from Zimmerman’s complaint and the documents the parties provided after limited jurisdictional discovery. The allegations of the complaint are assumed to be true for the purpose of resolving Black Diamond’s motion to dismiss. On September 26, 2017, Zimmerman was enrolled as a student at Cornell, which offers rock climbing as an extracurricular activity at its Lindseth Climbing Center (“Lindseth Center”). Compl.

9, 18. Plaintiff worked at the Lindseth Center as a wall monitor, and on that day, she asked Hannan, a fellow wall monitor, to belay her. Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Go to Events Go to Webcasts
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements