K. RANA, M.D., APPELLANT,
v.
MARION FLYNN, APPELLEE
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Dr. Rana, a cruise ship physician, appealed the denial of his motion to dismiss for lack of personal jurisdiction in a medical malpractice suit brought by a passenger who suffered a heart attack. The court affirmed, holding that jurisdiction was proper under Florida's long-arm statute because the physician treated the patient in Florida waters and at the Port of Miami.
The court affirmed the denial of the motion to dismiss, holding that personal jurisdiction under Florida's long-arm statute was proper because the defendant-physician committed a tort within Florida by providing treatment to the patient in Florida waters and at the Port of Miami, establishing sufficient minimum contacts with the state.
[1] A defendant commits a tort within the state for purposes of long-arm jurisdiction when the defendant renders medical treatment to a patient as a ship sails into Florida w…
[2] A physician's alleged medical malpractice occurring in Florida waters and while docked in a Florida port satisfies the "tortious act within this state" provision of the l…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the court properly determined, on this record, that personal jurisdiction under the long-arm statute was proper over a defendant who allegedly commits a tort within this state”
Establishes the core legal principle that jurisdiction attaches when a tort is committed within Florida.
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Join FLexlaw to unlock all legal intelligenceDr. Kamlesh Rana was a physician aboard Carnival Cruise Line's Imagination. Marion Flynn, a passenger, experienced a heart attack and was treated by D…
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SHEVIN, Judge.
Kamlesh Rana, M.D., appeals an order denying his motion to dismiss for lack of personal jurisdiction. We affirm.
Dr. Rana was the physician aboard Carnival Cruise Line’s Imagination. Marion Flynn, a passenger, experienced a heart attack. Flynn was attended by Dr. Rana, and staff, as the ship sailed into Florida waters, docked at the Port of Miami, and transport to a local hospital was arranged. Flynn filed a medical malpractice complaint against, inter alia, Dr. Rana, asserting that his care was inadequate. Dr. Rana filed a motion to dismiss for lack of personal jurisdiction. The court denied the motion.
Based on Athanassiadis v. National Car Rental Sys., 699 So. 2d 330 (Fla. 5th DCA 1997), and Rossa v. Sills, 493 So. 2d 1137 (Fla. 4th DCA 1986), the court properly determined, on this record, that personal jurisdiction under the long-arm statute was proper over a defendant who allegedly commits a tort within this state. § 48.193(l)(b), Fla. Stat. (2002).
‘Contrary to Rana’s argument, Elmlund v. Mottershead, 750 So. 2d 736 (Fla. 3d DCA 2000), is factually distinguishable and does not mandate reversal. The Elmlund court concluded that there was no long-arm jurisdiction over a cruise ship’s physician who ministered to a patient who died while on the high seas. In Elmlund, the defendant-physician never rendered treatment to the deceased in Florida, or Florida waters. The only bases for jurisdiction asserted in Elmlund were under sections 48.193(l)(a), and 48.193(2), Florida Statutes. The Elmlund court appropriately concluded that these sections did not provide bases for jurisdiction: there was no connexity between the activities causing the death at sea and the physician’s activity in Florida, § 48.193(a)(1); and the physician’s personal contacts in the state were insufficient to justify jurisdiction, § 48.193(2). Cf. Rossa (personal jurisdiction proper over defendant-physician who renders treatment to patient as ship sails into Florida waters, and docks at Port Everglades).
Rana, however, ministered to Flynn’s condition in Florida waters and while in the Port of Miami awaiting transportation to a Miami hospital.1 These facts, are sufficient to establish that the physician-defendant committed a tort within the state satisfying jurisdiction under the long-arm statute. Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla.1989). In addition, the multiplicity of contacts set forth in the complaint satisfy the minimum contacts requirements. Venetian Salami; Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985). The defendant’s conduct was such that he could reasonably anticipate being haled into court in Florida. Rossa. Hence, the exercise of jurisdiction is justified and affirmance is required.
Affirmed.
. Dr. Rana asserted in support of his motion to dismiss that he did not minister to Flynn at any point when the ship was in Florida waters, leaving the nursing staff to care for him. This was contradicted by his testimony that he is in charge of patients onboard until they are released to local hospitals. Thus, Dr. Rana’s motion to dismiss failed to overcome the legal sufficiency of Flynn's jurisdictional allegations. Elmex Corp. v. Atlantic Fed. Sav. & Loan Assoc., 325 So. 2d 58 (Fla. 4th DCA 1976).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Darce Carlisle v. Carnival Corp., 864 So. 2d 1 (Fla. 3d DCA 2003)…to proceed against the doctor depending on various factors such as contacts with the state, whether medical treatment was provided in Florida waters or at sea, and the practical realities of effectuating service of process. See, e.g., Rana v. Flynn, 823 So. 2d 302 (Fla. 3d DCA 2002)(personal jurisdiction present where treatment in Florida waters and there were multiple contacts with state); Elmlund v. Mottershead, 750 So. 2d 736 (Fla. 3d DCA 2000)(no personal jurisdiction over non-resident ship’s doctor with…
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Benson v. Norwegian Cruise Line Ltd., 834 So. 2d 915 (Fla. 3d DCA 2003)…rred on the high seas. Because the alleged incident of malpractice occurred outside of Florida’s territorial waters, the Elmlund court concluded that the doctor could not be deemed to have been doing business in Florida. Id.; see also Rana v. Flynn, 823 So. 2d 302 (Fla. 3d DCA 2002). The Elmlund panel took much too narrow a view. Where a Florida-based company is in the business of selling cruises which depart from Florida, sail into international waters, and return to Florida, plainly the company is engaged…
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Benson v. Norwegian Cruise Line Ltd., 859 So. 2d 1213 (Fla. 3d DCA 2003)…rred on the high seas. Because the alleged incident of malpractice occurred outside of Florida’s territorial waters, the Elmlund court concluded that the doctor could not be deemed to have been doing business in Florida. Id.; see also Rana v. Flynn, 823 So. 2d 302 (Fla. 3d DCA 2002). The Elmlund panel took much too narrow a view. Where a Florida-based company is in the business of selling cruises which depart from Florida, sail into international waters, and return to Florida, plainly the company is engaged…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985)
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
- The Elmex Corp. v. Atl. Fed. Sav. & Loan Ass'n OF Fort Lauderdale, 325 So. 2d 58 (Fla. 4th DCA 1976)
- Annika Maria Elmlund v. Mottershead, 750 So. 2d 736 (Fla. 3d DCA 2000)
- Rossa v. Sills, 493 So. 2d 1137 (Fla. 4th DCA 1986)
- Cristiano Athanassiadis v. Nat'l CAR Rental Sys., Inc., 699 So. 2d 330 (Fla. 5th DCA 1997)