Civil Procedure Keyed to Friedenthal
Hess v. Pawloski
ProfessorBrittany L. Raposa
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Pawloski (Defendant) is a resident of Pennsylvania. In Massachusetts, Hess (Plaintiff) sued Defendant, alleging that Defendant negligently and wantonly drove on a public highway in Massachusetts. Under the Massachusetts statute, by driving on a Massachusetts highway, a nonresident-motorist designates the state registrar as her lawful attorney who may be served with process in relation to a cause of action arising out of the non-resident’s use of the highway, provided that notice of such service be sent to the Defendant. The service of process was made in compliance with the statute, but no personal service or attachment of property was made to Defendant. Defendant filed a motion to dismiss arguing that the statute violated the Due Process Clause of the 14th Amendment to the U.S. Constitution. The motion to dismiss was denied by the lower court, who stated that statute was valid exercise of police power. There was a subsequent verdict for Plaintiff. D appealed.
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