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Kluin v. American Suzuki Motor Corporation11/1/2002
this state;
(2) commission of a tortious act within this state;
(5) entering into an express or implied contract, by mail or otherwise, with a resident of this state to be performed in whole or in part by either party in this state." (Emphasis added.)
We next consider each K.S.A. 60-308(b) subsection relied on by Kluin.
K.S.A. 60-308(b)(1) - Transaction of Business Within the State
There are three factors which must coincide if jurisdiction is to be entertained over a nonresident on the basis of the transaction of business within the state: (1) The nonresident must purposefully do some act or consummate some transaction in the forum state; (2) the claim for relief must arise from, or be connected with, the act or transaction; and (3) the assumption of jurisdiction by the forum state must not offend the traditional notions of fair play and substantial justice. St. Paul Surplus Lines Ins. Co., 245 Kan. at 264.
Kluin asserts that transacting business within Kansas would include Suzuki's (1) entering into contracts with at least five dealerships, (2) the sale of Suzuki motor vehicles and spare parts to dealers, (3) the new vehicle warranty, (4) performance of warranty work, and (5) soliciting Kansas customers through advertisements and Internet web sites. He acknowledges that "such activities alone have been deemed inadequate to support jurisdiction by some courts."
It appears that Kluin, by referencing the existence of authorized Suzuki dealerships in Kansas in his affidavit filed below and in his brief on appeal, is asserting that jurisdiction exists under the doctrine of "general jurisdiction." There is a difference between "general jurisdiction" and "specific jurisdiction." Specific jurisdiction arises when the specific acts of the defendant related to the plaintiff's claim evidence purposeful activity toward the forum state. Doe v. National Medical Services, 974 F.2d 143, 145 (10th Cir. 1992). The claims against the defendant arise out of defendant's contacts with the forum state. Kuenzle v. HTM Sport-Und Freizeitgerate AG, 102 F.3d 453, 456 (10th Cir. 1996). General jurisdiction exists "when the defendant's contacts with the forum state are so 'continuous and systematic' that the state may exercise personal jurisdiction" even when the claims are "unrelated to the defendant's contacts with the [forum] state. [Citation omitted.]" (Emphasis added.) Trierweiler v. Croxton and Trench Holding Corp., 90 F.3d 1523, 1533 (10th Cir. 1996).
K.S.A. 60-308(b) is limited to cases of "specific" jurisdiction; i.e., cases arising from a defendant's contacts with Kansas. See 1 Gard's and Casad's Kansas C. Civ. Proc. 3d Annot. ยง 60-308, Art. 1-28 (1997).
In Three Ten Enterprises, Inc. v. State Farm Fire & Cas. Co., 24 Kan. App. 2d 85, 942 P.2d 62, rev. denied 262 Kan. 970 (1997), the Court of Appeals held that the district court erred in applying the doctrine of general jurisdiction. It noted that "general jurisdiction" is a due process concept which "does not excuse a plaintiff who invokes the jurisdiction of Kansas state courts from satisfying the statutory test for long arm jurisdiction under 60-308(b)." 24 Kan. App. 2d at 89. The Three Ten court observed that the legislature could enact a statute providing for general jurisdiction, but it has not done so. Therefore, K.S.A. 60-308(b) does not provide for the exercise of general jurisdiction by Kansas courts. 24 Kan. App. 2d at 91. We note that State Farm Fire & Casualty Company (State Farm), the defendant, was apparently served under K.S.A. 40-218, a statute requiring foreign insurers to consent in advance to jurisdiction in certain situations. Three Te
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