[CLC-Discussion] In Need of an Attorney Referral for Wake County North Carolina (Raleigh) Lawsuit

[Rouselle "Bo". Sutton III]

I represent a small Orlando custom fishing boat builder that has been served with a summons and complaint for a Wake County (Raleigh) North Carolina lawsuit. I need a referral for a local attorney to handle a long-arm statute motion to dismiss.

The lawsuit alleges among other things, the boat is unfit for its intended purpose. Notably, the North Carolina resident reached out to my client via email to place his order for a boat. My client does not advertise in North Carolina, have a registered agent or conduct any business in North Carolina. In the past 9 years, this is the third boat sold to a North Carolina resident. Rather than pick the boat up himself, the purchaser hired a third-party shipper (U Ship) to pick the boat up from Orlando and deliver it to the Florida Keys for him to immediately use fishing. While on his maiden voyage, the purchaser disregarded the warnings in the owner's manual, as well as the stickers on jack plate, that advise that the jack plate must be raised before full trimming the motor up. In so doing, he damaged his steering mechanism and floated around Florida Bay a bit. The boat was towed into land for repair and has been kept at the same marina in the Florida Keys where it was repaired. In summary, my client does no business in North Carolina, the boat was purchased in Florida, picked up in Florida, damaged in Florida, repaired in Florida, was in Florida at the time the complaint was filed, and all material witnesses (other than the purchaser who is Raleigh dentist) are in Florida. The damages currently alleged are a little over $10,000, so getting the case removed from North Carolina is critical.

Please respond to me directly at rsutton at raileyharding.com. I appreciate the help.

Rouselle "Bo" Sutton, III
Partner
Railey Harding & Allen, P.A.
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton at raileyharding.com

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