Bartlett v. Burke
|Case Link||View Now|
|Attorney for the Case||Guy W. Crabtree|
|Amicus Brief Writers||Matthew Berthold Noah Abrams|
|Court||NC Supreme Court|
This is a products liability case arising from the fatal crash of a medevac helicopter in North Carolina. The trial court denied a motion to dismiss based on personal jurisdiction, but the Court of Appeals reversed. NCAJ provided an amicus brief in support of Plaintiffs’ Petition for Discretionary Review. The brief argues that the Court of Appeals failed to properly consider unchallenged findings of fact, which should be treated as binding on appeal. By failing to consider such established findings, and focusing exclusively on those findings challenged by Defendants, the Court of Appeals overlooked substantial contacts between Defendants and North Carolina. In addition, the Supreme Court should hear this case in conjunction with Miller v. L.G. Chem, which is currently before the Supreme Court and presents similar issues. Finally, the Court of Appeals’ opinion conflicts with the decision of the Supreme Court of the United States in the Ford Motor Co. case, as well as various North Carolina precedents, by creating de facto immunity for foreign corporations even in the face of evidence that said companies purposefully availed themselves of the benefits of doing business in North Carolina.