Nyerges v. Lavigne

602 A.2d 805, 253 N.J. Super. 659, 1991 N.J. Super. LEXIS 466
CourtNew Jersey Superior Court Appellate Division
DecidedNovember 8, 1991
StatusPublished

This text of 602 A.2d 805 (Nyerges v. Lavigne) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nyerges v. Lavigne, 602 A.2d 805, 253 N.J. Super. 659, 1991 N.J. Super. LEXIS 466 (N.J. Ct. App. 1991).

Opinion

ALLEY, J.S.C.

In this medical malpractice action, plaintiff George Nyerges alleges that he received negligent treatment in November 1989 from the moving defendants, Jeffrey E. Lavigne, M.D., and Laser Medical Associates. These defendants have moved to dismiss on the ground that the court lacks in personam jurisdiction over them. For the reasons set forth below, the motion is denied.

[661]*661Defendant Lavigne is a resident of New York and sole proprietor of defendant Laser Medical Associates. Although licensed to practice in New Jersey, Lavigne asserts that he has never practiced in the State and that only about 2-3% of his surgical practice comes from New Jersey. His affidavit lays out in detail his alleged lack of New Jersey contacts, and in sum he contends that Nyerges, a New Jersey resident, affirmatively sought advice and travelled to New York for treatment from a New York doctor at a New York facility and that the moving defendants never purposefully availed themselves of the laws and benefits of New Jersey.

Plaintiffs assert, however, that defendants purposely sought to obtain patients from the tri-state area, including New Jersey. Plaintiff George Nyerges has shown that he went to defendants after reading an advertisement in the Daily News and telephoning them from New Jersey by way of a toll free “800” number (1-800-MD-TUSCH) advertised therein. Although the Daily News may be styled a New York paper, for purposes of this motion plaintiff has established that it has a large circulation in New Jersey—approximately 200,000 in 1989.

Discussion.

A state court’s assertion of personal jurisdiction over a defendant must comport with the due process requirements of the Fourteenth Amendment, for as noted in International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945):

Due process requires only that in order to subject the defendant to a judgment in personam if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend “traditional notions of fair play and substantial justice.” [at 326, 66 S.Ct. at 163]

Our Supreme Court has addressed the question of a court’s power to exercise personal jurisdiction over a non-resident defendant. In Avdel Corp. v. Mecure, 58 N.J. 264, 277 A.2d 207 (1971), the court in addressing the holding in McGee v. [662]*662International Life Ins. Co., 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957), stated:

It is clear from McGee that due process is satisfied if a contract sued upon has a “substantial connection” with the forum state. The interest of the forum state in the regulation of a special industry such as insurance may be a relevant factor in determining whether the state may constitutionally exercise jurisdiction, but it is only one factor. The absence of such an interest surely does not defeat jurisdiction, and the question remains whether the contact or contacts are sufficient to give the forum state a substantial connection with the contract such that maintenance of the suit does not offend principles of fairness. [58 N.J. at 270, 277 A.2d 207]

A subsequent New Jersey Supreme Court decision, Charles Gendler & Co. v. Telecom Equipment Corp., 102 N.J. 460, 508 A.2d 1127 (1986), set forth the analytical approach to be taken in addressing questions of personal jurisdiction. The Court held that “the stream-of-commerce theory supports the exercise of jurisdiction ... [over a non-resident defendant if it] knew or should have known of the distribution system through which its products were being sold in the forum state.” Id. at 480, 508 A.2d 1127. Although Gendler is not on all fours with the facts here, the minimum contacts test it discusses is indeed applicable.

The minimum contacts test insures the fairness and reasonableness of requiring nonresidents to defend lawsuits in forum states. Because of the importance of balancing the interests of both plaintiff and defendant, the test must not be applied mechanically. Rather, “the quality and nature of [defendant’s] activity in relation to the fair and orderly administration of the laws” must be examined on a case-by-ease basis to determine if the minimum contacts standard is satisfied. Id. at 470, 508 A.2d 1127.

The fundamental premise behind this due process limitation is to protect against defendant’s liberty interest being subjected to the judgment of a jurisdiction where he has had no minimally sufficient contact. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985). The New Jersey Supreme Court further stated in Gendler:

[663]*663As a result, the minimum-contacts test “gives a degree of predictability to the legal system that allows potential defendants to structure their primary conduct with some minimum assurance as to where that conduct will and will not render them liable to suit.” Id. A defendant is on notice that it is subject to suit when it “purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protection of its laws.” Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1240, 2 L.Ed.2d 1283, 1298 (1958); see, e.g., Burger King Corp. v. Rudzewicz, supra., [471] U.S. at [472-73], 105 S.Ct. at 2182, 85 L.Ed.2d at 540-41; World-Wide Volkswagen Corp. v. Woodson, supra, 444 U.S. [286] at 297, 100 S.Ct. [559] at 567, 62 L.Ed.2d [490] at 501. It is the purposeful act of the defendant, not the unilateral activity of another who merely claims a relationship to the defendant, that connects the defendant to the forum. Hanson v. Denckla, supra, 357 U.S. [235] at 253, 78 S.Ct. [1228] at 1239-40, 2 L.Ed.2d [1283] at 1298. [102 N.J. at 470-471, 508 A.2d 1127]

Additionally, the Court observed:

Although the minimum-contacts test centers on the defendant’s relationship with the forum state, the sufficiency of the contacts for jurisdictional purposes depends on “the relationship among the defendant, the forum, and the litigation.” Shaffer v. Heitner, 433 U.S. 186, 204, 97 S.Ct. 2569, 2580, 53 L.Ed.2d 683, 698 (1977). When the cause of action arises out of the defendant’s contacts with the forum state, it is more likely that the contacts will subject the defendant to the jurisdiction of the forum than if the cause arises from unrelated contacts.

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Related

International Shoe Co. v. Washington
326 U.S. 310 (Supreme Court, 1945)
McGee v. International Life Insurance
355 U.S. 220 (Supreme Court, 1957)
Hanson v. Denckla
357 U.S. 235 (Supreme Court, 1958)
Shaffer v. Heitner
433 U.S. 186 (Supreme Court, 1977)
Burger King Corp. v. Rudzewicz
471 U.S. 462 (Supreme Court, 1985)
Charles Gendler & Co. v. Telecom Equipment Corp.
508 A.2d 1127 (Supreme Court of New Jersey, 1986)
Makopoulos v. Walt Disney World, Inc.
535 A.2d 26 (New Jersey Superior Court App Division, 1987)
Avdel Corporation v. Mecure
277 A.2d 207 (Supreme Court of New Jersey, 1971)

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Bluebook (online)
602 A.2d 805, 253 N.J. Super. 659, 1991 N.J. Super. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nyerges-v-lavigne-njsuperctappdiv-1991.