Need to determine if the court should grant or deny Swarovski’s motion by examining all facts as presented.
United Hospitals is a company based in Wichita, Kansas, that owns and operates hospitals in Colorado, Kansas, Missouri, Nebraska, and Oklahoma.
Swarovski Corporation is based in Wilmington, Delaware, and manufactures and sells helicopters in Houston, Texas. United purchased a helicopter from
Swarovski for use as an ambulance and transported it by railroad from Houston to its hospital in Tulsa, Oklahoma.
On a flight to the scene of a 15-vehicle accident on Interstate Highway 44 in Tulsa, United’s helicopter crashed and killed two Oklahoma residents: the pilot
and a flight nurse. A subsequent investigation revealed that the helicopter’s engine was defective, causing the crash. The pilot’s widow and the flight nurse’s
widower filed a products liability and negligence lawsuit in Tulsa County, Oklahoma, against Swarovski. Swarovski moved to dismiss the case because the
Court lacked jurisdiction over Swarovski.
Should the Court grant or deny Swarovski’s motion to dismiss the case? Explain your answer fully, addressing the Subject Matter and Personal Jurisdiction issues.
