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Werner v. Wal-Mart Stores Inc.9/7/1993
Opinion
Plaintiff appeals the district court's order granting Defendant's motion to dismiss for lack of personal jurisdiction. Two issues are raised on appeal: (1) whether the district court erred in finding that New Mexico courts lack personal jurisdiction over Defendant, and (2) whether the district court erred in finding that New Mexico is not a convenient forum for adjudication of Plaintiff's complaint. We reverse on the first issue and remand for further findings on the second issue.
FACTS
Plaintiff filed her complaint for personal injury on August 16, 1990, alleging negligence on the part of Defendant. In her complaint, Plaintiff alleged that: (1) Werner is a resident of Bernalillo County, New Mexico; (2) Wal-Mart Stores, Inc., is a Delaware Corporation which is duly registered and doing business in Bernalillo County, New Mexico; (3) Wal-Mart Stores, Inc., maintains a registered agent in the State of New Mexico for service of process within this state; and (4) The negligence resulting in injury to Werner occurred while she was visiting a Wal-Mart store in Hinesville, Georgia.
Plaintiff began this action by serving the summons and complaint on Defendant's registered agent for service of process in New Mexico on August 17, 1990, by personal service. On September 14, 1990, Defendant responded by filing a Special Entry of Appearance and Motion to Dismiss with Prejudice for Lack of Personal Jurisdiction.
Defendant's motion admitted that it is a Delaware corporation doing business in New Mexico, as well as Georgia where the alleged injury occurred. Defendant argued, however, that Plaintiff's service of process did not meet the requirements of New Mexico's long-arm statute, NMSA 1978, § 38-1-16 (Repl.Pamp.1987), and therefore the district court lacked personal jurisdiction over Defendant. The district court granted Defendant's motion to dismiss for lack of personal jurisdiction and also concluded that a New Mexico court would not be the convenient forum.
This Court invited amicus briefs from the New Mexico Trial Lawyers Association and the New Mexico Defense Lawyers Association to aid our analysis of the question concerning personal jurisdiction presented by this case. The amicus briefs were thoughtful and helpful to our consideration of this issue of first impression in New Mexico.
Discussion
In Personam Jurisdiction
Plaintiff makes several arguments in support of her assertion of error on the part of the district court when it ruled that New Mexico courts lack jurisdiction over Defendant. Plaintiff argues: (1) that Section 38-1-16 does not bar proceeding with her complaint in New Mexico; (2) that exercise of jurisdiction by our state's courts
comports with the Due Process Clause of the Fourteenth Amendment; and (3) that our courts have jurisdiction over Defendant as a result of Defendant's consent to such jurisdiction pursuant to the New Mexico Business Corporation Act. NMSA 1978, §§ 53-11-1 to 53-18-12 (Repl.Pamp.1983 & Cum.Supp.1992). Defendant, on the other hand, argues that Section 38-1-16 is the sole means by which New Mexico courts can assert jurisdiction over Defendant and that the allegations in Plaintiff's complaint are not covered by the statute.
We agree with Defendant that Section 38-1-16 cannot be used to assert jurisdiction over it because Plaintiff's cause of action did not arise from Defendant's transaction
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