Chick v. C&F Enterprises, LLC, 938 A.2d 113 (N.H. 2007)

Sabrina Cynette Beavens

Case Conclusion Date:December 14, 2007

Practice Area:Personal Injury

Outcome:Settled for confidential sum.

Description:FACTS: The decendent, a resident of New Hampshire, suffered fatal injuries as the result of a motor vehicle collision with a commercial vehicle owned by a New York corporation and operated by a New York resident. The accident occurred in Maine. The decendent's wife filed suit against both the driver and owner in New Hampshire. The defendants moved for dismissal due to lack of personal jurisdiction. The trial court ruled that it lacked personal jurisdiction over the driver under the New Hampshire long-arm statute, RSA 510:4. However, it ruled that by designating an agent for service of process in New Hampshire, the owner of the truck had consented to jurisdiction in this state. The owner appeal. ISSUE ON APPEAL Whether an trucking company that designated a registered agent for service of process under the federal Motor Carrier in New Hampshired Act consented to jurisdiction in the state. HELD: Affirmed and remanded.