Case Brief Civ Pro F1 Evolution of Personal jurisdiction 2 18 15 Bauer Identity of Case Hess v Pawloski Page 159 of the casebook Summary of Facts Procedural History Defendant Hess a PA citizen drove to MA and injured plaintiff Pawloski in an MVA then drove back to PA Pawloski sued him in Massachusetts state court MA has a long arm statute which creates a fictional consent for anyone who drives their car in MA the operation by a nonresident of a motor vehicle on a public way shall be deemed equivalent to an appointment by such nonresident of the registrar to be his agent who may be served for him Defendant doesn t appear gets a default judgment against him He appeals based on lack of personal jurisdiction Judgment for plaintiff affirmed on appeal Statement of the Issue Can a state establish consent to personal jurisdiction through a long arm statute such as the one described above Holding The consent statute for MA does not violate the due process requirement for personal jurisdiction Reasoning Motor vehicles are inherently dangerous By driving them you accept responsibility for what you do in them Cannot claim to be surprised by being sued for causing an accident that he knew about This holding is specific to this statute Evaluation
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