DocketNumber: No. 123406
Citation Numbers: 2002 Conn. Super. Ct. 13094, 33 Conn. L. Rptr. 259
Judges: MARTIN, JUDGE.
Filed Date: 10/15/2002
Status: Non-Precedential
Modified Date: 4/18/2021
Desteoglu and Leaseway Transport filed an apportionment complaint against Baril and Les Enterprises de Transport (Les Enterprises) on January 4, 2002. The apportionment complaint alleges the following facts. At the time of the incident, Leaseway Transport was an organized corporation that did business as a trucking company in Connecticut. Desteoglu, an agent, servant or employee of Leaseway Transport, operated a vehicle owned by Leaseway Transport. Baril, an agent, servant or employee of Les Enterprises, operated a 1995 Kenworth tractor trailer owned by Les Enterprises and registered in Quebec, Canada. Les Enterprises was an organized corporation doing business as a trucking company in Connecticut. Desteoglu and Leaseway Transport claim that they are entitled to apportionment of liability as to Les Enterprises because Baril negligently caused the plaintiffs injuries. The apportionment complaint was served on the commissioner of motor vehicles and mailed to Bail and Les Enterprises in Quebec. Thereafter, on January 23, 2002, the plaintiff amended her complaint to allege a third count in negligence CT Page 13095 against Bail and Les Enterprises.
Baril and Les Enterprises filed an appearance on February 5, 2002, along with a motion to dismiss the apportionment complaint. They argue that the court lacks personal jurisdiction over them due to insufficient service of the writ, summons and complaint. Service of process on a foreign defendant, they argue, is not governed by General Statutes §
Desteoglu and Leaseway Transport oppose the motion to dismiss, arguing that they properly served process under §
" (a) Any nonresident of this state who causes a motor vehicle to be used or operated upon any public highway or elsewhere in this state shall CT Page 13096 be deemed to have appointed the Commissioner of Motor Vehicles as his attorney and to have agreed that any process in any civil action brought against him on account of any claim for damages resulting from the alleged negligence of the nonresident or his agent or servant in the use or operation of any motor vehicle upon any public highway or elsewhere in this state may be served upon the commissioner and shall have the same validity as if served upon the nonresident personally." Desteoglu's and Leaseway Transport's argument fails, however, because §
The Hague Convention "was intended to provide a simpler way to serve process abroad, to assure that defendants sued in foreign jurisdictions would receive actual and timely notice of suit, and to facilitate proof of service abroad." Volkswagenwerk Aktiengesellschaft v. Schlunk,
Both the United States and Canada are signatories to the Hague Convention. As such, Article 2 applies to both countries. Article 2 states: "Each Contracting State shall designate a Central Authority which will undertake to receive requests for service coming from other Contracting States and to proceed in conformity with the provisions of Article 3 to 6. Each state shall organise the Central Authority in conformity with its own law." In section 1 of the comment section, Canada established that "[t]o save time, requests should be forwarded directly to the Central Authority of the province or territory concerned. They may, however, also be forwarded to the Federal Central Authority which will transmit them to the relevant Central Authority." It then lists the information for the central authority in Quebec as "Ministre de la CT Page 13097 Justice du Quebec, a/s Le service juridique, address: 1200 route de l'Eglise, 5eme etage, Ste-Foy, Quebec, Canada GIV 4MI, telephone: (418) 643-1436."
Although Article 2 establishes a central authority where a complainant must send its request for service of process on a resident of that country, Article 10 (a) states: "Provided the State of destination does not object, the present Convention shall not interfere with . . . the freedom to send judicial documents, by postal channels, directly to persons abroad." Hague Convention, supra, 20 U.S.T. at 363, T.I.A.S. at 6638. In section 2 A of the comment section, Canada accepted this provision, declaring that it "does not object to service by postal channels." See Bednarsky v. Rose Wreath Tree, supra,
Courts, however, are unclear about the meaning of Article 10 (a) and the word "send." "The federal courts are split on the interpretation of Article 10 (a). . . ." Cavendish-Pell v. Howell, Superior Court, judicial district of Stamford-Norwalk at Stamford, Docket No. 145706 (December 16, 1995, Lewis, J.). "Some have determined that the word `send' was intended to be used synonymously with `service of process,' especially in light of the purpose of the Hague Convention which is to facilitate service abroad. Under that view, service of process by mail is allowable if the defendant's state has levied no objection to the Article. . . . Other courts have concluded that, because the word `service' is used elsewhere in parts (b) and (c) of the Article, the word `send' must have a different meaning from `service.' Those courts hold that Article 10 (a) allows the transmission of documents other than process. . . . Randolphv. Hendry,
"There is no appellate authority on this matter in Connecticut." Id. "[T]he judges of the Superior Court have consistently aligned themselves with the latter line of cases, which hold that Article 10 (a) merely provides a method for sending subsequent documents after service of process has been obtained." Id.; see, e.g., Johnson v. Pfizer, Inc., Superior Court, judicial district of New London at New London, Docket No. 118821 (March 16, 2000, Hurley, J.) (
This court, however, like the Bednarski court, need not align itself with either side of the Article 10 (a) issue. In this particular case, the state of destination, Canada, has consented to and authorized mail service in addition to service through its central authority. Because CT Page 13098 Canada does not object to service through the mail, "mail service under the Hague Convention is valid on a Canadian resident." Bednarsky v. RoseWreath Tree, supra,
Desteoglu and Leaseway Transport served the apportionment complaint on the commissioner of motor vehicles and sent a copy by certified mail, return receipt requested, directly to Baril and Les Enterprises at their residences in Quebec. Since Canada allows its residents to be served through the mail, Desteoglu and Leaseway Transport sufficiently served process on Baril and Les Enterprises.
Accordingly, Baril's and Les Enterprises' motion to dismiss for lack of personal jurisdiction due to insufficient process is denied.
Martin, J. CT Page 13099