from the Iowa District Court for Polk County, David M.
defendant appeals the denial of their motion to dismiss for
lack of personal jurisdiction.
Michael Weston and Brenda K. Wallrichs of Lederer Weston
Craig, PLC, Cedar Rapids and Kyle M. Rowley and Giorgio
Caflisch of Sheehy, Ware & Pappas, PC, Houston, Texas,
A. Knoshaug of Dickinson, Mackaman, Tyler & Hagen, PC,
Des Moines, for appellee.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
Industries, Inc. (JLG) appeals the district court's
denial of a motion to dismiss for lack of personal
jurisdiction. On December 12, 2017, the Iowa Supreme Court
granted JLG's application for interlocutory appeal on the
question of jurisdiction. We reverse the district court's
Background Facts & Proceedings
corporation organized and with its principal place of
business in Pennsylvania, is a manufacturer of lift
DeAngelo was injured in the course of his employment with
Wolin Electric (Wolin), when the JLG lift he was operating
allegedly malfunctioned and caused serious injury to
DeAngelo. Wolin leases the lift from Duke Aerial Equipment
(Duke). The lift in question was not sold in Iowa or to an
Iowa company and was not shipped to Iowa when originally
filed suit against JLG and Duke on March 24, 2017. The
initial pleading alleged a claim against JLG for product
liability. JLG was a Pennsylvania corporation doing business
in and selling its products in the state of Iowa. JLG filed a
motion to dismiss for lack of personal jurisdiction on August
1. The court heard arguments on August 29. On October 10, the
court ruled DeAngelo made a prima facie showing of general
jurisdiction and JLG only submitted evidence to rebut
specific jurisdiction. The court denied JLG's motion to
dismiss. JLG appeals.
Standard of Review
review a ruling on a motion to dismiss for lack of personal
jurisdiction for correction of errors at law. Sioux
Pharm, Inc. v. Summit Nutritionals Int'l, Inc., 859
N.W.2d 182, 188 (Iowa 2015). We are not bound by the
court's conclusions of law or application of legal
principles. Ross v. First Sav. Bank of Arlington,
675 N.W.2d 812, 815 (Iowa 2004).
other grounds for dismissal, however, a court considering a
motion to dismiss for lack of personal jurisdiction must make
factual findings to determine whether it has personal
jurisdiction over the defendant." Shams v.
Hassan, 829 N.W.2d 848, 853 (Iowa 2013). Those factual
findings are binding on appeal if supported by substantial