Jones

Jones v. Williams

Good Law
660 F. Supp. 2d 1145·2009 WL 3241156·2009 U.S. Dist. LEXIS 91334
United States District Court, Northern District of CaliforniaSeptember 30, 2009C 09-2880 BZCalifornia2,203 words

Opinion

Opinion

Zimmerman, J.

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

This case presents a question of first impression in an area of law that remains somewhat unsettled: does a defendant’s continuous provision of medical care across state borders over the telephone subject the defendant to jurisdiction in the patient’s home state? See generally Dave R. Bonelli, Annotation, In Personam Jurisdiction, Under Long-Arm Statute, Over Nonresident Physician, Dentist, or Hospital in Medical Malpractice Action, 25 A.L.R.4th 706 (1983).

Plaintiff has sued defendants Williams and Ritzman, both citizens of New Mexico, for medical malpractice and related claims. Plaintiff was a resident of Hawaii in 2000 when she met Williams, a licensed therapist, in New Mexico and began receiving therapy and counseling from him. Plaintiff moved to California in 2002 and last year returned to Hawaii. Between 2000 and 2006, Williams provided weekly telephonic psychotherapy and dream counseling to plaintiff from his home in Taos, New Mexico. On several occasions, Williams traveled to California, at plaintiffs request, and provided treatment to plaintiff and others at plaintiffs California residence.…

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