Hayslip v. Conrad Produce, Inc.

226 N.E.2d 839, 10 Ohio Misc. 155, 39 Ohio Op. 2d 145, 1967 Ohio Misc. LEXIS 339
CourtScioto County Court of Common Pleas
DecidedFebruary 15, 1967
DocketNo. 50802
StatusPublished

This text of 226 N.E.2d 839 (Hayslip v. Conrad Produce, Inc.) is published on Counsel Stack Legal Research, covering Scioto County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayslip v. Conrad Produce, Inc., 226 N.E.2d 839, 10 Ohio Misc. 155, 39 Ohio Op. 2d 145, 1967 Ohio Misc. LEXIS 339 (Ohio Super. Ct. 1967).

Opinion

Thompson, J.

This matter is now before the court on a demurrer by defendant on the ground that this court is without jurisdiction of the defendant and of the subject matter of the suit.

This is an action for damages to property of the plaintiff resulting from a motor vehicle accident between plaintiff’s tractor and trailer and defendant’s truck in Morrow County, Ohio, on September 20, 1966. The plaintiff is a resident of Scioto County, Ohio, and the defendant is a foreign corporation with its principal place of business in Huntington, West Virginia.

The defendant in its memorandum in support of its demurrer completely ignored the so called “long arm statute” Sections 2307.381 to 2307.385, Revised Code, which is the basis of plaintiff’s action in this county and relies upon the law prior to the effective date of the “long arm statute” which was September 28,1965.

Sections 2307.381 to 2307.385, Revised Code, are parts of a uniform law entitled “Uniform Interstate and International [156]*156Procedure Act,” which has for its purpose the exercising of jurisdiction of one state over nonresidents or residents of other states for certain acts which cause damage in this state. The entire act, all of which was not adopted by the Ohio Legislature, may be found in Uniform Laws Annotated, 9B, Page 307.

Section 2307.382, Revised Code, is copied from Section 1.03 of the Uniform Act. Plaintiff’s action is based upon Subsection (A), (3) of Section 2307.382, Revised Code, which is the same as (A), (3) of Section 1.03 of the Uniform Act. Several sections of the Uniform Code were not adopted by the Ohio Legislature and this fact has lead to some confusion as to the extent of the application of the Ohio enactment.

Section 4515.01, Revised Code, is entitled “Venue in Action for Injury Caused by Motor Vehicles” and has been in effect for several years. It provides:

“Actions for injury to a person or property, caused by the negligence of the owner or operator of a motor vehicle, may be brought by the person injured against such owner or operator in the county in which such injury occurred. A summons in such action against any defendants shall be issued to the sheriff of any county within this state in which such defendant resides and may be served as in other civil actions. ’ ’

Section 2703.20, Revised Code, which is a section of the Chapter on “Service of Summons” is entitled “Service of Process Upon Nonresident Owners or Operators of Motor Vehicles” and provides:

“Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having the same operated, within this state, or any resident of this state, being the licensed operator or owner of any motor vehicle under the laws of this state, who subsequently becomes a nonresident or conceals his whereabouts, by such acceptance or licensure and by the operation of such motor vehicle within this state makes the secretary of state of the state of Ohio his agent for the service of process in any civil suit or proceeding instituted in the courts of this state against such operator or owner of such motor vehicle, arising out of, or by reason of, any accident or collision occurring within this state in which such motor vehicle is involved.
[157]*157“Suclt process shall be served, by the officer to whom the same is directed, or by the sheriff of Franklin Connty, who may be deputized for such purposes by the officer to whom the service is directed, upon the secretary of state by leaving at the office of the secretary of state, at least fifteen days before the return day of such process, a true and attested copy thereof, and by sending to the defendant, by registered mail, postage prepaid, a like true and attested copy, with an indorsement thereon of the service upon said secretary of state, addressed to such defendant at his last known address. The registered mail return receipt of such defendant shall be attached to and made a part of the return of service of such process.”

The Ohio courts in construing and applying these two sections of the statutes have held that the place where an action against a nonresident for damages resulting from an automobile accident must be instituted, is governed by the venue statutes and not by Section 2703.20, Revised Code, and it must appear that the accident described in plaintiff’s petition occurred in the county in which the action is brought. Norris v. Watts, Court of Appeals, Lawrence County, 1960, 14 O. O. 2d 295; Schaeffer v. Alva West & Company, 53 Ohio App. 270; Sprague v. French, 24 Ohio Law Abs. 543.

Before the passage of the “Long Arm Statute” and under these decisions there could be no doubt that this action could not be brought in Scioto County, but would have to be brought in Morrow County where the accident happened. The question presented now to this court is whether the “Long Arm Statute” has changed this rule.

Section 2307.382, Revised Code, is entitled “Personal Jurisdiction” and provides in part as follows:

(A) “A court may exercise personal jurisdiction over a person who acts directly or by an agent, as to a cause of action arising from the person’s:
ÍÍ* * #
(3) “Causing tortious injury by an act or omission in this state;”

Section 2307.383, Revised Code, is entitled “Service of Process when Personal Jurisdiction Authorized” and reads as follows:

“When personal jurisdiction is authorized by Section 2307.-[158]*158382 of the Revised Code, service of process may be made on such person, or any agent of such person in any county in this state where he may be found or on the secretary of state who for this purpose, shall be deemed to be the statutory agent of such person.
“Such process shall be served, by the officer to whom the same is directed, or by the sheriff of Franklin County, who may be deputized for such purposes by the officer to whom the service is directed, upon the secretary of state by leaving at the office of the secretary of state, at least fifteen days before the return day of such process, a true and attested copy thereof, and by sending to the defendant, by registered mail, postage prepaid, a like true and attested copy, with an indorsement thereon of the service upon said secretary of state, addressed to such defendant at his last known address. The registered mail return receipt of such defendant shall be attached to and made a part of the return of service of such process.”

These two sections would cause no problem and would not be in conflict with the law with respect to automobile accident cases prior to their passage. The following Section 2307.384, Revised Code, however, is the one that causes trouble in this case. This section is entitled “Venue of Actions Where Personal Jurisdiction Authorized” and it provides:

“When the exercise of personal jurisdiction is authorized by Sections 2307.381 to 2307.385, inclusive of the Revised Code, any action or suit may be brought in the county wherein the plaintiff resides or where the cause of action or any part thereof arose.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Schaeffer v. Alva West & Co.
4 N.E.2d 720 (Ohio Court of Appeals, 1936)
Sprague v. French
24 Ohio Law. Abs. 543 (Ohio Court of Appeals, 1937)
Roman & Government Employees Insurance v. Champion
104 N.E.2d 92 (Court of Common Pleas of Ohio, Hamilton County, 1952)

Cite This Page — Counsel Stack

Bluebook (online)
226 N.E.2d 839, 10 Ohio Misc. 155, 39 Ohio Op. 2d 145, 1967 Ohio Misc. LEXIS 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayslip-v-conrad-produce-inc-ohctcomplscioto-1967.