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Drumm Corp. F/K/A Drumm Investors, LLCv.Willie Wright, Administrator Of The Estate Of Billy Wright et al.

CourtCourt of Appeals of Georgia
Docket No.A13A2145
DecidedMarch 6, 2014
Reporter326 Ga. App. 41, 755 S.E.2d 850
JudgesPresiding Judge Doyle, Judge McFadden, and Judge Boggs; Doyle and McFadden concurred
Tags
CivilCivil ProcedurePersonal JurisdictionDue ProcessTort LawMotion to DismissReversal
Case Summary

Billy Wright suffered a fatal fall while living at a Georgia nursing home. His estate sued the facility, related entities, and Drumm Corp., an out-of-state holding company several levels above the facility. Drumm moved to dismiss for lack of personal jurisdiction, submitting evidence that it had no Georgia office, employees, bank account, property, or direct contract with Wright and did not operate the nursing home. The trial court denied the motion, and the Court of Appeals of Georgia granted interlocutory review. The court reversed. Georgia’s long-arm statute reaches as far as due process permits, but jurisdiction still requires purposeful conduct directed at Georgia, a connection between that conduct and the claims, and a fair exercise of jurisdiction. Drumm’s payment of franchise taxes, investment in healthcare companies, limited board-level oversight, and alleged involvement by officers did not show the degree of control needed to treat the subsidiary as Drumm’s alter ego or establish minimum contacts. Because Wright offered no contrary affidavits or documentary evidence, the trial court lacked personal jurisdiction over Drumm. The judgment was reversed.

Opinion

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