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Susanna Datres v. Arisknight Winfree
Date: 08-23-2024
Case Number: 1:23-CV-519
Judge: Hala Y. Jarbou
Court: United States District Court for the Western District of Michigan (Kent County)
Plaintiff's Attorney:
Click Here For The Best Grand Rapids Personal Injury Lawyer Directory
Defendant's Attorney: William S. Cook and Frederick Milton Baker, Jr.
Description:
Datres alleges that she was lured to Michigan and then sexually assaulted by Defendant Arisknight Winfree, who was aided by Defendant Paul Heiselman. Datres, an Italian citizen, claims she met Winfree, a Michigan citizen, through the online au pair matching service, www.aupair.com ("aupair.com†or "the Websiteâ€). (2d Am. Compl. ¶¶ 2, 7, 8, 11, ECF No. 104.) The Website is owned and operated in some combination by Defendants-both German citizens-and Agent Au Pair Inc. (Id. ¶¶ 3, 1718.)
Datres's claims against Defendants sound in tort-she claims negligence, gross negligence, and various forms of product liability. (Id. ¶¶ 167-210.) Defendants move to dismiss under the doctrine of forum non conveniens, arguing that their relationship with Datres is governed by terms of service ("TOSâ€) that include a mandatory forum selection clause establishing exclusive jurisdiction in Cologne, Germany.
Grand Rapids, Michigan personal injury negligence lawyer represented the Plaintiff.
Datres alleges that she was lured to Michigan and then sexually assaulted by Defendant Arisknight Winfree, who was aided by Defendant Paul Heiselman. Datres, an Italian citizen, claims she met Winfree, a Michigan citizen, through the online au pair matching service, www.aupair.com ("aupair.com†or "the Websiteâ€). (2d Am. Compl. ¶¶ 2, 7, 8, 11, ECF No. 104.) The Website is owned and operated in some combination by Defendants-both German citizens-and Agent Au Pair Inc. (Id. ¶¶ 3, 1718.)
Datres's claims against Defendants sound in tort-she claims negligence, gross negligence, and various forms of product liability. (Id. ¶¶ 167-210.) Defendants move to dismiss under the doctrine of forum non conveniens, arguing that their relationship with Datres is governed by terms of service ("TOSâ€) that include a mandatory forum selection clause establishing exclusive jurisdiction in Cologne, Germany.
Outcome:
Motions to dismiss denied.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Susanna Datres v. Arisknight Winfree?
The outcome was: Motions to dismiss denied.
Which court heard Susanna Datres v. Arisknight Winfree?
This case was heard in United States District Court for the Western District of Michigan (Kent County), MI. The presiding judge was Hala Y. Jarbou.
Who were the attorneys in Susanna Datres v. Arisknight Winfree?
Plaintiff's attorney: Click Here For The Best Grand Rapids Personal Injury Lawyer Directory. Defendant's attorney: William S. Cook and Frederick Milton Baker, Jr..
When was Susanna Datres v. Arisknight Winfree decided?
This case was decided on August 23, 2024.