Nezan v. ARIES TECHNOLOGIES, INC.
226 W. Va. 631
W. Va.2010Background
- Edith Nezan, as personal representative of Margaret O'Brien's estate, sues Aries Technologies and Shashi Sanwalka in Kanawha County, WV for wrongful death arising from a Mooney aircraft crash.
- The crash occurred March 16, 2008 in Virginia; Roy Sanwalka piloted the plane, and Margaret O'Brien was the sole passenger.
- O'Brien and Roy Sanwalka were Canadian residents; the flight involved a refueling stop in West Virginia during travel to the Bahamas.
- The circuit court dismissed the action for lack of WV long-arm jurisdiction and for forum non conveniens, also noting questions about service on a nonresident estate.
- The WV Supreme Court reversed, holding WV long-arm statute authorizes service on a nonresident estate representative, that there were sufficient minimum contacts, and that forum non conveniens dismissal was improper; remanded to reinstate the complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WV long-arm allows service on a nonresident estate representative | Nezan argues the statute authorizes service on personal representatives | Sanwalka and Aries argue no statutory mechanism for service on a nonresident estate | Yes, long-arm allows service on a nonresident estate representative |
| Whether WV has personal jurisdiction over the nonresident defendants | Nezan contends sufficient minimum contacts in WV | Sanwalka/Aries contend contacts are insufficient for due process | Yes, sufficient minimum contacts exist to justify jurisdiction |
| Whether service on the nonresident estate representative satisfies due process | Service in WV proper to pursue claim | Service mechanics insufficient or improper | Service valid under statute and due process |
| Whether forum non conveniens supports dismissal | Kanawha County is appropriate given ties and witnesses | Alternate forums exist; WV may be inconvenient | No, WV is proper forum; dismissal improper; remand for reinstate |
Key Cases Cited
- Abbott v. Owens-Corning Fiberglas Corp., 191 W.Va. 198, 444 S.E.2d 285 (1994) (WV 1994) (two-step jurisdiction analysis; minimum contacts required)
- State ex rel Bell Atlantic-West Virginia, Inc. v. Ranson, 201 W.Va. 402, 497 S.E.2d 755 (1997) (WV 1997) (prima facie showing of jurisdiction when ruling on 12(b)(2))
- Pries v. Watt, 186 W.Va. 49, 410 S.E.2d 285 (1991) (WV 1991) (due process requires minimum contacts for in-state jurisdiction)
- Lozinski v. Lozinski, 185 W.Va. 558, 408 S.E.2d 310 (1991) (WV 1991) (minimum contacts evolution; International Shoe framework context)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 507 (1947) (U.S. 1947) (plaintiff's choice of forum weight and private interests in forum selection)
- Koster v. Lumbermens Mut. Cas. Co., 330 U.S. 518 (1947) (U.S. 1947) (forum non conveniens considerations emphasizing convenient forum)
- Norfolk & Western Railway Co. v. Tsapis, 184 W.Va. 231, 400 S.E.2d 239 (1990) (WV 1990) (adoption of forum non conveniens doctrine in WV)