In
Frye v. Smith, [Ms. 1091386, Jan. 14, 2011] __ So. 3d __(Ala. 2011), the Supreme Court
of Alabama affirmed a trial court's order dismissing claims against
individual defendants based on lack of personal jurisdiction. This case
began as a product liability action against General Motors Corporation
alleging injuries and death caused by GMC's manufacture of a 1998
Chevy Blazer sport utility vehicle. In June of 2009, General Motors filed
a notice of bankruptcy in the United States Bankruptcy Court for the Southern
District of New York thereby invoking the automatic stay codified at 11
U.S.C. ¤ 362. In September of 2009, the Plaintiffs amended their
complaint to state claims against three individual defendants, including
the former Chairman of the Board of Directors of General Motors, the former
Vice Chairman of the Board of Directors of General Motors, and the former
Executive Vice President of General Motors. The individual defendants
moved to dismiss Plaintiff's claims against them for lack of personal
jurisdiction. The Supreme Court of Alabama held that "it is clear
that jurisdiction over individual officers or employees of a corporation
may not be predicated merely upon jurisdiction over the corporation itself."
In this case, the Plaintiffs failed to present evidence that would "amount
to purposeful availment on the part of the individual defendants of the
privilege of conducting activities within Alabama with respect to the
1998 Chevrolet Blazer sport utility vehicle." Therefore, the Court
affirmed the trial court's order.
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