Peter M. Durney and Steven D. Procopio Obtain Dismissal for a German Manufacturer

A plaintiff sued two defendants for negligence, claiming injuries from an accident when a dough machine turned on unexpectedly. He alleged losing three fingers while cleaning the machine.     

One of the defendants subsequently filed a third-party complaint against the German manufacturer of the dough machine, asserting claims for contribution, indemnity, and breach of warranty.

The matter before the court was the German manufacturer’s motion to dismiss the third-party complaint. 

Peter M. Durney and Steven D. Procopio of Smith Duggan Cornell & Gollub represented the manufacturer and argued that the company’s business contacts within Massachusetts were insufficient to establish personal jurisdiction under the state’s long-arm statute.

Upon consideration of the motion papers, the responses to jurisdictional discovery including deposition testimony, the evidence proffered by the parties, and their arguments, the motion to dismiss for lack of personal jurisdiction was granted.

The case was decided on August 28, 2024, by Superior Court Justice Lynn C. Rooney.  Massachusetts Lawyers Weekly reported on the matter. Learn more here.