 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Byers v. Auto-Owners Insurance Co.11/21/2003
r lack of in personam jurisdiction can be implicitly overruled in a summary judgment motion that incorporates no affidavits and makes no findings on that issue. We have found no Tennessee cases that stand for this proposition. Here, Byers' Motion to Dismiss was not implicitly or explicitly overruled by the Tennessee court; it was simply never considered.
Auto-Owners argues that through the application of the Tennessee long arm statute, Tenn. Code Ann. Section 20-2-214, Tennessee had personal jurisdiction over Byers. In determining whether a state can assert long-arm jurisdiction, due process requires that a non-resident defendant be subjected to a judgment in personam only if she has "such minimum contacts with the foreign state that the maintenance of the suit does not offend traditional notions of fair play and substantial justice." J.I. Case Corp. v. Williams, 832 S.W.2d 530, 531-532 (Tenn. 1992)(citing International Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)). In determining whether the requisite minimum contacts are present, Tennessee courts consider "three primary factors, namely, the quantity of the contacts, the nature and quality of the contacts, and the source and connection of the cause of action with those contacts." Shelby Mut. Ins. Co. v. Moore , 645 S.W.2d 242, 246 (Tenn. App. 1981)(quoting Aftanase v. Econ. Baler Co., 343 F.2d 187, 197 (8th Cir. 1965)). Two lesser factors to be considered are the interest of the forum state and convenience. Id. The only facts cited by Auto-Owners in support of its position that the Tennessee court had jurisdiction was that Byers made a claim under its liability insurance policy by contacting a claims adjuster located in Tennessee. Her actions did not establish a continuing business relationship with Auto-Owners, and Byers had no reason to believe that her contact with them would have substantial consequences within the State of Tennessee. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985)(citing Travelers Health Ass'n v. Virginia , 339 U.S. 643, 647 (1950)). Subjecting Byers to the jurisdiction of Tennessee courts would compel her to defend herself in a state with which she has no relevant connection. She did not specifically seek to file a claim in the state of Tennessee; instead she merely sought to file a claim with Auto-Owners, who incidentally had offices in Tennessee. Byers did not "purposefully, avail [herself] of the privilege of conducting activities within [Tennessee], thus invoking the benefits and protections of its laws," and it would be unreasonable for her to be forced to defend a lawsuit in that state. Hanson v. Denckla, 357 U.S. 235, 253 (1958) (citing Int'l. Shoe , 326 U.S. at 319)). We find as a matter of law, that the contact in this matter was clearly insufficient as a matter of law to support personal jurisdiction in the State of Tennessee.
Based on the Full Faith and Credit Clause of the United States Constitution, state courts must accord full faith and credit to the valid judgments of other states. Doctor's Associates, Inc. v. Duree , 30 S.W.3d 884, 887 (Mo. App. E.D. 2000). Moreover, judgments of a sister state are presumed valid. Id . Further, Missouri courts are obligated to give a judgment of a sister state full faith and credit unless that judgment is void for lack of personal jurisdiction or subject matter jurisdiction, or has been obtained by fraud. Schumacher Elevator Co. Inc. v. Springfield Elevator Co. Inc. , 804 S.W.2d 42, 45 (Mo. App. S.D. 1991). A judgment entered against a party by a court that lacks in personam jurisdiction over that party is void. K & K Investments Inc. v. McCoy , 875 S.W.2d 593, 596 (Mo. App. E.D. 1994).
The Tennessee court lacked in personam jurisdiction over
Page 1 2 3 4 5 6 7 8 9 10 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|