Martin v. Deschenes, 468 A.2d 618 (Me. 1983). · Go Syfert
Martin v. Deschenes, 468 A.2d 618 (Me. 1983). Cases Citing This Book View Copy Cite
14 citation events (8 in the last 25 years) across 4 distinct courts.
Strongest positive: HUNT v. HUNT (med, 2020-12-29) · Strongest negative: Shaw v. 500516 N.B. Ltd. (med, 2009-10-23)
Top citers, strongest first. 10 distinct citers.
discussed Cited "but see" Shaw v. 500516 N.B. Ltd.
D. Me. · 2009 · signal: but cf. · confidence high
September 10, 2002) (finding personal jurisdiction over a Canadian trucking company because the injury to plaintiff occurred in Maine and the plaintiff alleged that the company regularly conducted business in Maine); Caluri v. Rypkema, 570 A.2d 830 (Me.1990) (finding minimum contacts over trucking company who did no trucking in Maine but contracted for marketing services with a resident from Maine); but cf. Martin v. Deschenes, 468 A.2d 618 (Me.1983) (finding no minimum contacts when a driving accident occurring outside of Maine injured a Maine resident); Dufour v. Smith & Hamer, Inc., 330 F.S…
cited Cited as authority (rule) HUNT v. HUNT
D. Me. · 2020 · confidence medium
Id. (citing Martin v. Deschenes, 468 A.2d 618, 619 (Me. 1983); Frazier v. BankAmerica Int’l, 593 A.2d 661, 663 (Me. 1991); Murphy v. Keenan, 667 A.2d 591, 595 (Me. 1995)).
cited Cited as authority (rule) LeDuc v. Cathedral Ledge Condo Owners Assn., Inc.
Me. Super. Ct · 2009 · confidence medium
Murphy, 667 A.2d at 595 , quoting Frazier v. Bankamerica IntI., 593 A.2d 661, 663 (Me. 1991) and Martin v. Deschenes, 468 A.2d 618, 619 (Me. 1983).
discussed Cited as authority (rule) Harmon v. Causeway Automotive
Me. Super. Ct · 2007 · confidence medium
The Court held that "the commission outside the forum state of an act that has consequences in the forum state is by itself an insufficient contact where all the events necessary to give rise to a tort claim occurred outside the forum state." Id., quoting Frazier, 593 A.2d at 663 (quoting Martin v. Deschenes, 468 A.2d 618, 619 (1983)).
cited Cited as authority (rule) Cormier v. Fisher
D. Me. · 2005 · confidence medium
Frazier, 593 A.2d at 663 (quoting Martin v. Deschenes, 468 A.2d 618, 619 (Me.1983)); Lorelei Corp. v. County of Guadalupe, 940 F.2d 717, 721 (1st Cir.1991).
cited Cited as authority (rule) Linder v. Barry
Me. Super. Ct · 2002 · confidence medium
United States Constitution.” Martin v. Deschenes, 468 A.2d 618, 619 (Me. 1983).
discussed Cited as authority (rule) Murphy v. Keenan
Me. · 1995 · confidence medium
Specifically, Murphy alleges that the defendant committed tortious acts outside of Maine, i.e., that “Captain’s Choice made fraudulent, or at least negligent, misrepresentations to Murphy regarding the Vessel and its title,” causing injuries in Maine when there was an attempt to repossess the boat from his home. “ ‘The commission outside the forum state of an act that has consequences in the forum state is by itself an insufficient contact where all the events necessary to give rise to a tort claim occurred outside the forum state.’” Frazier, 593 A.2d at 663 (quoting Martin v. De…
discussed Cited as authority (rule) Lorelei Corporation v. County of Guadalupe
1st Cir. · 1991 · confidence medium
Under Maine law, however, “[t]he commission outside the forum state of an act that has consequences in the forum state is by itself an insufficient contact where all the events necessary to give rise to the tort claim occurred outside the forum state.” Martin v. Deschenes, 468 A.2d 618, 619 (Me.1983).
cited Cited as authority (rule) Frazier v. Bankamerica International
Me. · 1991 · confidence medium
Martin v. Deschenes, 468 A.2d 618, 619 (Me.1983).
discussed Cited "see, e.g." Connelly v. Doucette
Me. · 2006 · signal: see also · confidence medium
See also Martin v. Deschenes, 468 A.2d 618, 619-20 (Me.1983) (affirming dismissal of suit against a Canadian defendant for lack of personal jurisdiction because the accident occurred in Edmundston, New Brunswick and the defendant never lived, worked, resided, or conducted business in Maine).
Genneth Kelly MARTIN
v.
Regis DESCHENES
Supreme Judicial Court of Maine.
Dec 9, 1983.
468 A.2d 618
Rudolph T. Pelletier (orally), Madawaska, for plaintiff., Stevens, Engels & Bishop, Richard C. Engels (orally), Presque Isle, for defendant.
McKusick, Nichols, Roberts, Violette, Glassman, Scolnik.
Cited by 11 opinions  |  Published
NICHOLS, Justice.

The Plaintiff, Genneth Kelly Martin, appeals from the entry of judgment for the Defendant, Regis Deschenes, in Superior Court (Aroostook County) after that court concluded that it lacked personal jurisdiction over the Defendant. Although the entry should have been cast in terms of judgment of dismissal, rather than as judgment for the defendant, the court’s conclusion was correct.

The Plaintiff lives at St. Francis, in Aroostook County, approximately one mile south of the Canadian border. On December 20,1976, while she was driving in nearby Edmundston, New Brunswick, her vehicle was struck from behind by an automobile operated by the Defendant.

Almost six years later the Plaintiff instituted this action for the personal injuries she sustained in that collision. In his answer, and in his subsequent affidavit, the Defendant asserted that he lived and worked in Edmundston; and that he never had resided, been employed, or conducted any business in the State of Maine.

Our long-arm statute, 14 M.R.S.A. § 704-A, permits the exercise of personal jurisdiction over non-resident defendants to the full extent permitted by the Due Process Clause of the United States Constitution. Architectural Woodcraft Go. v. Read, 464 A.2d 210 (Me.1983); Tyson v. Whittaker, 407 A.2d 1 (Me.1979). The Due Process Clause of that Constitution requires that a non-resident defendant have certain “minimum contacts” with the forum state before the court there may exercise jurisdiction over him. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. 569, 62 L.Ed.2d 490 (1980); International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945). [1]

The record before us discloses no contacts between the Defendant and the State of Maine, except for his involvement in a collision which caused injuries to a Maine resident. The commission outside the forum state of an act that has consequences in the forum state is by itself an insufficient contact where all the events necessary to give rise to a tort claim occurred outside the forum state. See Price v. Shessel, 415 F.Supp. 306 (E.D.Mieh.1976); Clavenna v. Holsey, 81 Mich.App. 472, 265 N.W.2d 378 (1978). Restatement (Second) of Conflicts of Law § 37 and Commentary, at 156 (1971).

It may have been foreseeable, as the Plaintiff contends, that the Defendant would encounter Maine residents driving on the streets of Edmundston; nevertheless, “ ‘foreseeability’ alone has never been a sufficient benchmark for personal jurisdiction under the Due Process Clause.” World-Wide Volkswagen Corp. v. Woodson, supra, 444 U.S. at 295, 100 S.Ct. at 566. The record does not indicate that the Defendant did anything to avail himself of the privilege of conducting activities within the State of Maine. See Kulko v. Superior Court of California, 436 U.S. 84, 93-94, 98 S.Ct. 1690, 1697-1698, 56 L.Ed.2d 132 (1978); Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1239, 2 L.Ed.2d 1283 (1958). Therefore, a Maine court could not constitutionally exercise jurisdiction over him, and the Superior Court was correct in terminating the action.

The inability of the Superior Court to exercise personal jurisdiction did not, however, warrant a judgment for the Defendant. The proper disposition in such a situation is a judgment of dismissal. [2] M.R.[*620] Civ.P. 12(b)(2). See Architectural Woodcraft Co. v. Read, supra; 1 Field, McKusick & Wroth, Maine Civil Practice § 12.13 at 252-53 (2d ed. 1970).

The entry is:

Judgment modified to “Action dismissed.”

As modified, judgment affirmed.

All concurring.

1

. See also Labbe v. Nissen Corp., 404 A.2d 564 (Me.1979).

2

. A judgment for a party is a judgment on the merits. A judgment of dismissal may enable a[*620] plaintiff to recommence her action in a forum in which personal jurisdiction over a defendant can be obtained, provided that the action is not barred by the applicable statute of limitations.