## Facts

- A charter jet departed Orlando International Airport on October 25, 1999, bound for Dallas with four passengers and two pilots aboard.
- While still in Florida airspace, the aircraft’s cabin depressurized, depriving the occupants of oxygen and causing their deaths; radio contact ceased before the aircraft left Florida airspace.
- The aircraft continued on autopilot for hours, deviated from its planned route, and ultimately crashed in South Dakota after fuel exhaustion.
- Estates and survivors filed wrongful death claims in Florida alleging negligence and strict liability and asserting personal jurisdiction over nonresident corporate defendants involved in charter/aircraft operations.
- Plaintiffs alleged defendants’ Florida-related conduct included advertising charter services to Florida residents, operating charter flights to and from Florida, and entering aircraft-related contracts in Florida.

## Issues

1. Whether the complaint alleged a statutory basis for personal jurisdiction over the nonresident defendants under Florida’s long-arm statute, including “doing business” in Florida and committing a tortious act within Florida.
2. Whether exercising personal jurisdiction in Florida satisfied federal due process, including minimum contacts and fair play and substantial justice.

## Decision

- The appellate court affirmed the order denying defendants’ motion to dismiss for lack of personal jurisdiction.
- The court held the complaint sufficiently alleged jurisdiction under Florida’s long-arm statute, including commission of a tortious act in Florida based on the decompression and resulting fatal injury occurring in Florida airspace.
- The court held due process was satisfied because defendants’ Florida-directed activities and the Florida origin and in-Florida malfunction of the subject flight made it foreseeable they could be sued in Florida.
- The case proceeded in the trial court on the merits of the wrongful death claims.

## Legal Principles

- Florida courts apply a two-step personal-jurisdiction analysis: (1) whether the long-arm statute is satisfied and (2) whether due process permits jurisdiction.
- For long-arm purposes, a tortious act may be deemed committed in Florida when the operative injury occurs in Florida, even if the final crash or physical impact occurs elsewhere.
- Purposeful Florida-directed commercial activity (e.g., marketing to Florida residents, regular flights to/from Florida, and Florida contracts) supports a finding of minimum contacts.
- When a claim arises from a flight departing Florida and an in-flight malfunction occurring over Florida, requiring nonresident aviation defendants to defend in Florida can be consistent with fair play and substantial justice.

## Conclusion

The court upheld Florida personal jurisdiction over nonresident aviation defendants because plaintiffs alleged the fatal injury occurred in Florida airspace and defendants had purposeful, ongoing Florida-related business contacts tied to the charter operations at issue.


Northwestern Aircraft Cap. Corp. v. Stewart, 842 So. 2d 190 (Fla. Dist. Ct. App. 5th Dist. 2003)