CIVIL PROCEDURE: Dismissal for lack of prosecution; long arm statute: Beach v. Caesars Riverboad Casino, LLC (COA 9/4/2009)

Beach v. Caesars Riverboad Casino, LLC

2008-CA-000402    9/4/09    2009 WL 2834842    DR pending Opinion by Judge Taylor; Judge Moore concurred; Judge VanMeter dissented.

The Court reversed and remanded an order of the circuit court dismissing an action for lack of jurisdiction over appellees on appellant’s complaint for personal injuries she received on appellees’ riverboat casino located just across the Kentucky state line in Indiana. The Court held that the trial court erred by dismissing the complaint and concluding that the cause of action did not arise out appellees’ contacts in Kentucky. The Court took judicial notice, pursuant to KRE 201, of the adjudicated facts set out in Ford v. RDI/Caesars Riverboat Casino, LLC, 503 F.Supp. 2d 839 (W.D. Ky. 2007), and held that these facts, coupled with the unrefuted allegations in the complaint, provided the Court with a sufficient factual background to analyze appellees’ contacts with Kentucky under the long- arm statute, KRS 454.210. While appellees’ contacts with Kentucky did not “cause” the accident, the systematic and continuous nature of the contacts most clearly contributed to appellant’s presence on the premises when she suffered her injuries.

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