Paterno v. Laser Spine Institute

Frank Paterno (plaintiff) suffered from severe back pain. While in New York, Paterno saw an internet advertisement for the Florida-based Laser Spine Institute (LSI) (defendant). Paterno first visited LSI’s website, which did not allow Paterno to register for services or make any purchases. Paterno then communicated with LSI before deciding to undergo surgery at LSI. Before travelling to Florida, Paterno engaged in several communications with LSI regarding such matters as his registration, insurance and other payment issues, and travel arrangements. LSI operated on Paterno on June 6 and June 11; Paterno complained of extreme pain after both surgeries. Paterno then returned to New York. Over the ensuing weeks, Paterno communicated with LSI regularly about his pain. In August, Paterno returned to Florida for a third operation. Paterno again experienced postoperative pain, about which Paterno continued to communicate daily to LSI. Paterno commenced a medical-malpractice suit against LSI and others in New York state court regarding the first two surgeries. LSI moved to dismiss the complaint for lack of personal jurisdiction. Paterno responded that LSI was subject to New York long-arm jurisdiction pursuant to (1) Civil Practice Law and Rules (CPLR) § 302(a)(1) because LSI purposefully transacted business in New York by soliciting Paterno as a patient and by extensively communicating with Paterno before and after Paterno’s operations and (2) CPLR § 302(a)(3) because LSI committed a tortious act in Florida that injured Paterno in New York. The supreme court dismissed the complaint, and the appellate division affirmed. Paterno appealed.