Christianson v. Goucher
2013 Mo. App. LEXIS 1140
| Mo. Ct. App. | 2013Background
- Christianson sued Goucher (and Borden) for injuries from a multi-vehicle collision; Borden was driving a Goucher-owned truck; Christianson alleged direct negligence against Borden and vicarious/negligent-hiring/supervision claims against Goucher.
- Christianson used a private process server; no notarization or affidavit accompanied the original server return.
- server's return claimed service on May 10, 2010 at 5019 S. Emery, Kansas City, MO; return lacked affidavit.
- Goucher did not appear; default judgment entered April 1, 2011 for $745,000 plus post-judgment interest after a default hearing.
- Goucher moved to quash/set aside under Rule 74.06 in August 2012, arguing lack of personal jurisdiction due to defective service return.
- Christianson amended the return in October 2012 to include the process server's affidavit; trial court denied the motion and judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amended service cured personal jurisdiction defects | Goucher argues defective original return deprived jurisdiction | Goucher contends lack of Rule 54.20(a)(2) affidavit invalidates service | No; service amended under Rule 54.22 relates back; jurisdiction valid |
| Whether default judgment violated due process due to pleading defects | Christianson’s petition adequately stated claims | Defects in pleadings void the judgment | Not void; service and notice satisfied due process; pleading deficiencies do not void the judgment |
| Whether damages awarded violated due process due to excess damages or lack of notice | Damages were supported by medicals and testimony | Damages exceeded proof, and notice of damages/entry was lacking | Not violative of due process; non-economic damages supported by evidence; Barney not overruled in this context |
Key Cases Cited
- Sieg v. Int'l Envtl. Mgmt., Inc., 375 S.W.3d 145 (Mo.App. W.D.2012) (standard for Rule 74.06 abuse of discretion; void judgment analysis)
- A.D.D. v. PLE Enterprises, Inc., 412 S.W.3d 270 (Mo.App. W.D.2013) (default judgment void only when petition fails to state a claim; pre-J.C.W. ex rel. Webb)
- Kahn v. Mercantile Town Mutual Insurance Co., 128 S.W. 995 (Mo. 1910) (service, not the return, gives jurisdiction; amendments relate back)
- Hirst v. Cramer, 195 S.W.2d 738 (Mo. banc 1946) (service of process, not defect in process, determines jurisdiction; radical defects void)
- Hometown Lumber & Hardware, Inc. v. Koelling, 816 S.W.2d 914 (Mo. banc 1991) (defect in form of summons does not destroy jurisdiction)
- Eagle Star Group, Inc. v. Marcus, 334 S.W.3d 548 (Mo.App. W.D.2010) (amendment of a defective return can reflect actual service; return vs. service distinct)
- J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009) (clarified boundaries of subject-matter jurisdiction and due process)
- Barney v. Suggs, 688 S.W.2d 356 (Mo. banc 1985) (defaulting party not entitled to notice of damages hearing; rule-based notice)
- State ex rel. Dep’t of Soc. Servs., Div. of Child Support Enforcement v. Stone, 71 S.W.3d 643 (Mo.App. W.D.2002) (return is prima facie evidence; amendable under Rule 54.22)
- In re Marriage of Benz, 669 S.W.2d 274 (Mo.App. E.D.1984) (amendments to return relate back to date of original return)
- In re Bradford (dicta), 557 S.W.2d 720 (Mo.App.1977) (dicta on defect in return not controlling authority)
- Kahn v. Mercantile Town Mutual Insurance Co., 128 S.W. 995 (Mo. 1910) (service, not return, authorities jurisdiction)