Candelario v. Bobst North America Inc.

Court Has Jurisdiction Over Box Machine's French Maker, Which Could Foresee Suit in N.Y.

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ADDITIONAL CASES Bobst Lyon, SAS, f/k/a SA Martin, Third Party Plaintiff v. Jamestown Container Corporation, Third Party Defendant DECISION AND ORDER INTRODUCTION Siragusa, J. This potential class action products liability matter is before the Court on motion of Bobst Lyon SAS, ECF No. 10, to dismiss the complaint for lack of personal jurisdiction. Fed. R. Civ. P. 12(b)(2). The Court has reviewed the papers filed in support of and in opposition to the motion and heard oral argument on July 18, 2019. For the reasons stated below, the application is denied without prejudice. FACTUAL BACKGROUND Plaintiff filed a complaint against Bobst North America, Inc. and Bobst Lyon, SAS¹ alleging negligence and products liability. Plaintiff was injured at Jamestown Container Corporation, his place of employment, on June 9, 2016, while using a Martin Transline 1228, a machine “designed to feed, slot, print, fold and glue corrugated cardboard to make boxes.” Compl. 9, Apr. 9, 2018, ECF No. 1. Plaintiff alleges that as he was operating the machine, “his hand was drawn into a nip point, trapping his hand and injuring it in such a fashion that two of his fingers had to be amputated and he was caused to sustain severe skin loss over his hand requiring extensive grafting and severe loss of function of his hand.” Compl. 16. Plaintiff contends that the Martin Transline was defective because of inadequate safeguards and alleges two causes of action, one for negligence, and three for product liability (failure to warn, unsafe design, and product defect). The Corporations Plaintiff alleges that Bobst North America, Inc. (“Bobst”), is a New Jersey corporation with its principle office in Essex County, New Jersey. Compl. 2. Plaintiff further alleges that Bobst is the successor to Bobst Champlain, Inc. (“Champlain”). Champlain, he alleges, was also a New Jersey corporation, which subsequently merged into Bobst Group, Inc. Compl.

Candelario v. Bobst North America Inc.

Court Has Jurisdiction Over Box Machine's French Maker, Which Could Foresee Suit in N.Y.

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