DocketNumber: No. 096682
Citation Numbers: 1992 Conn. Super. Ct. 3815
Judges: BARNETT, J.
Filed Date: 4/27/1992
Status: Non-Precedential
Modified Date: 4/17/2021
The original complaint is predicated upon an accident that occurred on December 2, 1989 in Cheshire between a car operated by the plaintiff Tina Winkelman and a tractor trailer driven by Dohm. In addition to having been the driver of the tractor trailer, Dohm was also the owner of the tractor. The trailer portion of the vehicle belonged to Central. In the original complaint, negligence and recklessness is claimed against Dohm and negligence is asserted against Central.
Sometime after the plaintiffs initiated their suit, Dohm and Central brought a third party products liability complaint against Eagle and Copco Steel Engineering Co. of South Bend, Indiana (hereinafter Copco). According to the third party complaint, Dohm purchased the tractor from Eagle and the tractor was manufactured by Copco. The third party complaint recites that a spare tire rack at the rear of the tractor, alleged to have been defectively designed, manufactured or installed by the third party defendants, was a cause of the accident in that the tractor trailer stopped in the course of making a turn because its air and power lines had become pinched upon contact with the spare tire rack.
Eagle contends that as to it, the third party complaint should be dismissed for the reason that the court lacks in personam jurisdiction. A three-pronged attack has been mounted. Both sides submitted affidavits in compliance with Practice Book Section 143. Eagle maintains that (1) the affidavits submitted by the third party plaintiffs are insufficient for their purpose; (2) CT Page 3816 the third party plaintiffs have not shown facts sufficient to bring Eagle within the "long arm" jurisdiction statute Section 33-411 (c); and (3) the third party plaintiffs have not demonstrated minimal contacts by Eagle with Connecticut to satisfy the due process requirements of the federal constitution.
The parties are in seeming agreement that the pertinent statutory language is that of Section 33-411 (c)(3). They have ignored, however, the explicit language of this subsection that limits the privilege of long-arm jurisdiction to parties who reside or have a usual place of business within the state. See Beachboard v. Trustees of Columbia University,
This court is in full agreement with Connecticut General Life Ins. Co. v. SVA, Inc.,
Eagle's attacks on the affidavits focuses upon the "best of knowledge and belief" language in paragraphs 6 through 8 of the affidavit of Joe Michetti and in paragraphs 5 through 7 of the affidavit of Churck Huffman. Both Michetti and Huffman represent themselves as employees of Central.
The court agrees with Eagle's contention that statements made on an affiant's best knowledge and belief are insufficient. Practice Book Section 143 allows affidavits "as to facts not apparent on the record." A similar requirement of factual assertions is contained in Practice Book Section 381 dealing with the requirements of an affidavit in motions for summary judgment.
In summary judgment situations, affidavits based on knowledge and belief would clearly be inadequate. Farrell v. Farrell,
The court's ruling means that on the questions of minimum contacts, the provisions of paragraphs 6 through a of the Michetti affidavit and paragraphs 5 through 7 of the Huffman affidavit cannot be considered. In effect both affidavits are eliminated because it was in these paragraphs that the affiants suggested that Eagle's business dealings with Central could serve as notice to Eagle that a driver for Central, such as Dohm, would be pulling Central's trailer in Connecticut.
Unaffected by the court's ruling are the affidavit of Dohm and the affidavit of Thomas L. Warren, the president of Eagle. Dohm purchased the used tractor on October 28, 1989 at which time he gave his address as 7286 Hyde Park Drive, Middlebury Heights, Ohio. Warren's affidavit states that Eagle, a Delaware corporation with a principal place of business in Cleveland, Ohio, is engaged in the selling and servicing of new and used trucks and parts thereof and does not manufacture trucks or parts. Warren's affidavit contains flat denials of any act by Eagle whereby the in personam jurisdiction of Connecticut courts could be presumed. In opposition, Dohm's affidavit says that the tractor was purchased for interstate driving and when it was purchased, he was attempting to get a job with Central and that agents and employees of Eagle knew of his intentions. Dohm's affidavit also says that Eagle does business with Central and has knowledge of Central's activities that include an extensive involvement in interstate commerce with terminals in many states one of which is Connecticut. CT Page 3818
The "minimum contacts" mentioned earlier must be of such nature that maintenance of a suit does not offend traditional concepts of fair play and substantial justice, ideas that the due process clause protects. International Shoe Co. v. Washington supra; see Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee,
Traditional notions of fair play and substantial justice mean that it is reasonable to require the nonresident defendant to defend a certain suit brought in a particular state. The burden on the defendant, while a primary concern, must be considered in light of the plaintiff's desire for convenient and effective relief and the forum state's interest in adjudicating the dispute. Worldwide Volkswagen Corp. v. Woodson,
More to the point are decisions such as Asahi Metal Industry Co., Ltd. v. Superior Court of California, Solano County,
Viewed from these precepts, it is clear that the affidavits do not establish a prima facie case for jurisdiction. Accordingly, Eagle's motion to dismiss is granted. CT Page 3819
BARNETT, JUDGE
Farrell v. Farrell , 182 Conn. 34 ( 1980 )
Hill v. W. R. Grace Co. , 42 Conn. Super. Ct. 25 ( 1991 )
International Shoe Co. v. Washington , 66 S. Ct. 154 ( 1945 )
Asahi Metal Industry Co. v. Superior Court of Cal., Solano ... , 107 S. Ct. 1026 ( 1987 )
World-Wide Volkswagen Corp. v. Woodson , 100 S. Ct. 559 ( 1980 )
Insurance Corp. of Ireland v. Compagnie Des Bauxites De ... , 102 S. Ct. 2099 ( 1982 )