Carter v. Wake Forest

Syllabus

05/09/2024 In an appeal from the decision of the Court of Appeals of Virginia that the Circuit Court for the City of Martinsville lacks personal jurisdiction over Wake Forest University Baptist Medical Center and Wake Forest University Health Sciences (collectively, \Wake Forest\), it is concluded that the defendants did not purposefully avail themselves of the privilege of conducting activities in Virginia. It is undisputed that Wake Forest's contacts with Virginia were in response to telephonic or electronic communications initiated by plaintiff while she was in Virginia. Decedent did not rely on solicitations or advertisements by Wake Forest in deciding to seek treatment in North Carolina, and all of his appointments with the Wake Forest doctors occurred in North Carolina. In other words, plaintiff and her father were the sole link between Wake Forest and Virginia. This is an insufficient basis to establish personal jurisdiction over the non-resident defendants. A mere reaction or response to a message or telephone call, without more, is not purposeful availment. As the Supreme Court has stated, while a defendant's contacts with the forum State may be intertwined with his transactions or interactions with the plaintiff, a defendant's relationship with a plaintiff or third party, standing alone, is an insufficient basis for jurisdiction. Here, the communications between plaintiff and Wake Forest are more aptly characterized as isolated or attenuated and are insufficient to give rise to jurisdiction. The judgment of the Court of Appeals is affirmed.