Superior Court Grants Defendant's Motion to Dismiss for Lack of Personal Jurisdiction
Hutchison v. Bruehl, C.A. No. 05C-07-047 (JTV), 2006 WL 1149151 (Del. Super. Jan. 31, 2006)
Plaintiff's father had an interest in gas and oil property in West Virginia from which he received royalties through an agent in Maryland. When her father died, the right to the royalties passed to Plaintiff. Agent failed to make payments until Plaintiff took steps to stop payment through the agent and have checks sent directly to her. She then sued to recover the funds kept by the agent in the interim. Defendant agent moved to dismiss, claiming Delaware lacked personal jurisdiction over him as a Maryland resident.
Although 10 Del. C. § 3104 (c) is broadly construed to confer jurisdiction to the maximum extent possible, the Court dismissed the complaint where the Plaintiff failed to show specific facts to support a finding that the Defendant ever caused tortious injury by an act in Delaware, that he did any business in Delaware, or that he used the mail or telephone lines to do so.
Authored by:
Jason C. Jowers
302-888-6860
jjowers@morrisjames.com
