Ascencio-Sutphen v. McDonald's Corp.

OPINION OF THE COURT

Lucindo Suarez, J.

The issue in this motion to dismiss the complaint for lack of personal jurisdiction is whether an independent contractor security guard’s assignment at a franchise restaurant can be considered his actual place of business for purposes of securing jurisdiction over him by delivery of service of process upon the franchise manager. This court holds it cannot, as the independent contractor did not hold out the subject location through regular solicitation, advertisement or otherwise as his actual place of business, and such independent contractor status does…