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06/30/88 Frances C. Radosta, v. Devil's Head Ski Lodge Et

June 30, 1988

FRANCES C. RADOSTA, PLAINTIFF-APPELLANT

v.

DEVIL'S HEAD SKI LODGE ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

526 N.E.2d 561, 172 Ill. App. 3d 289, 122 Ill. Dec. 302 1988.IL.1038

Appeal from the Circuit Court of Cook County; the Hon. Thomas E. Hoffman, Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. JIGANTI, P.J., and McMORROW, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Plaintiff, Frances Radosta, brought suit against defendants Devil's Head Ski Lodge and World Wide Ski Corporation for injuries she suffered while skiing at Devil's Head in Wisconsin. She filed suit in Illinois and served World Wide in Aspen, Colorado, its headquarters. She served summons upon Devil's Head in Wisconsin and also in Illinois, while Devil's Head's vice-president was participating in a ski show at the O'Hare Exposition Center in Rosemont, Illinois.

Both defendants filed special and limited appearances and moved to quash summons on the grounds that neither was subject to the jurisdiction of Illinois courts because they had not been "doing business" in Illinois and were not subject to the long-arm statute.

The trial court granted the defendants' motions after a hearing and dismissed the lawsuit.

On appeal, plaintiff contends that the trial court erred because both defendants' activities subjected them to Illinois' jurisdiction. Devil's Head was also served with summons while "present" in Illinois.

We affirm.

Background

Radosta sustained a fractured pelvis while participating in a ski race at Devil's Head. World Wide was the sponsor and promoter of the race and Devil's Head was the operator of the ski lodge.

In its motion to quash summons, World Wide filed an affidavit of its vice-president, which stated that World Wide performs promotional work only and has three customers in Illinois from whom it solicits business. The corporation is located entirely within Colorado and executes its promotional contracts in that State. World Wide has no representatives or agents in Illinois.

Devil's Head is a Wisconsin corporation with its principal place of business in that State. According to its affidavits, it did not own or use any real estate in Illinois and did not contract to insure any person or property in Illinois. Devil's Head also denied transacting ...


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