Question: PLEASE HELP! I need help analyzing this in the FIRAC method: Ishiguro v PARTA The Pennsylvania Area Regional Transit Authority ( PARTA ) is a
PLEASE HELP! I need help analyzing this in the FIRAC method: Ishiguro v PARTA
The Pennsylvania Area Regional Transit Authority PARTA is a public transportation authority that has its principal place of business at Lancaster Street, Philadelphia, Pennsylvania. PARTA operates bus, rapid transit, commuter light rail, trains, and electric trolleybus services for nearly million people in five counties in and around Philadelphia, PA
PARTA also provides commuter rail service to Delaware and New Jersey. PARTA trains and buses do not serve New York state, but PARTA does sell transit tickets from a New Jersey Transit window at New Yorks Penn Station in New York City, NY
Kenichi Ishiguro is a yearold resident of New York City, who does not speak English. On October he boarded a PARTA train in Philadelphia traveling to Wilmington, Delaware. Ishiguro claims that when he reached his destination, the train was leaning to one side, creating a dangerous gap between the train and the platform. As he tried to step from the train over the gap to the platform, Ishiguro said he fell onto the platform and dislocated his right wrist. Ishiguro claims that as a result of his injuries, he needed two surgeries and had to leave his job as a sushi chef.
In February Ishiguro sued PARTA in New York state court. His complaint alleges that PARTA was negligent in operating its commuter train from Philadelphia to Wilmington, Delaware, resulting in his wrist injuries, his medical expenses, and his loss of income. PARTA moved to dismiss the lawsuit, arguing that the NY trial court where Ishiguro filed his lawsuit lacked personal jurisdiction over PARTA, an outofstate defendant.
Section of New York Consolidated Laws, Civil Practice Law and Rules CPLR is the states longarm statute, which grants New York courts personal jurisdiction over nonresidents called nondomiciliaries in the statute for certain specified acts, specifically where a nondomiciled defendant:
transacts any business within the state or contracts anywhere to supply goods or services in the state;
or
commits a tortious act within the state, except as to a cause of action for defamation of character arising from the act; or
commits a tortious act outside the state causing injury to person or property within the state if he
iregularly does or solicits business, or engages in any other persistent course of conduct, or
derives substantial revenue from goods used or consumed or services rendered, in the state, or
iiexpects or should reasonably expect the act to have consequences in the state and derives
substantial revenue from interstate or international commerce;
You are the judge of the NY state trial court assigned to this case. How do you rule on PARTAs motion to dismiss for lack of personal jurisdiction? whether a New York state court has personal jurisdiction over PARTA, an outofstate transit company.
Do NOT discuss whether Ishiguro could also have sued in federal district court based on that courts diversity of citizenship jurisdiction.
Do NOT discuss whether PARTA was properly served with notice of the lawsuit service of process
Do NOT discuss the legal standard for a court to grant a motion to dismiss in New York state courts or anywhere else
Do NOT discuss the underlying tort issues and whether PARTA can be held liable for the personal injuries Ishiguro sustained when he fell
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