Question

Cal-Ban 3000 was a weight-loss drug made by Health Care, a Florida corporation. Tart, a citizen of North Carolina, read ads for the product in a newspaper and bought Cal-Ban in North Carolina from a local pharmacy. Within a week of taking the supplement, Tart suffered a ruptured colon. Alleging that the injury was caused by Cal-Ban, Tart sued Health Care in a North Carolina state court. Health Care asked the court to dismiss the case, arguing that the North Carolina court could not exercise personal jurisdiction over Health Care. The court most likely:

Answer 1

Health Care asked the court to dismiss the case, arguing that the North Carolina court could not exercise personal jurisdiction over Health Care. The court most likely:

• Refused to dismiss the case, because the defendant had placed the product in the stream of commerce in North Carolina and was subject to being sued in North Carolina.

Step-by-step explanation:

• As Tart, a citizen of North Carolina suffered a ruptured colon after taking the supplement within a week. He sued Health Care in North Carolina state. The court most likely refused to accept the argument of Health Care of dismissing the case because North Carolina court could not exercise personal jurisdiction over it. The reason is that Health Care has placed their supplement in the stream of commerce products's category in North Carolina. So, that's why the court dismissed their argument and gave permission to proceed the hearing.