Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Zimmerman v. Cornell Outdoor Educ.

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

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
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
(NEW) COMMERCIAL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA OR Miami, FL)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...


Apply Now ›
Real Estate Attorney

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...


Apply Now ›
Attorney

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements