{"id":2237,"date":"2018-04-07T15:47:01","date_gmt":"2018-04-07T23:47:01","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=2237"},"modified":"2019-04-18T03:26:49","modified_gmt":"2019-04-18T11:26:49","slug":"ps-102-chapter-5-article-1-non-resident-motorist-act-martin-v-meier","status":"publish","type":"page","link":"https:\/\/app.trainingpips.com\/index.php\/ps-102-a-course-outline\/ps-102-understanding-case-summaries\/ps-102-chapter-5-an-introduction-to-non-resident-motorist-act-case-law\/ps-102-chapter-5-article-1-non-resident-motorist-act-martin-v-meier\/","title":{"rendered":"PS 102 – Chapter 5 – Article 1 – Non Resident Motorist Act – Martin v Meier"},"content":{"rendered":"

Martin v. Meir <\/span><\/strong>
\n111 Wn. 2d 471, 760 P.2d 925 (1988)<\/span><\/strong><\/p>\n

Editor’s Note: Although the Nonresident Motorist Act has changed since this case was decided it still provides a number of useful lessons regarding the service of a summons and complaint.<\/span><\/strong><\/p>\n

Facts<\/strong><\/span>
\nPlaintiff Martin and Defendant Meier were involved in an automobile accident in Whatcom County, Washington. The accident report listed a Seattle address for defendant and gave his occupation as a student at Western Washington University. In the month before the running of the 3 year statute of limitations, Plaintiff filed an action in King County based upon defendant\u2019s address given in the accident report. Shortly before filing, Plaintiff attempted to personally serve defendant at the Seattle address. That address turned out to be the residence of Defendant\u2019s parents. A return of service of not found stated that after diligent search and inquiry, the process server was unable to find defendant in King County.<\/span><\/p>\n

Plaintiff then served the summons and complaint on the Secretary of State pursuant to RCW 46.64.040. In accordance with the statute, Plaintiff\u2019s attorney sent a copy of the summons and complaint by registered mail to the Seattle address, and made a diligent inquiry among former neighbors of that address. A process server was told that several years before, defendant and his wife had moved to California. Furthermore, an investigator\u2019s inquiry at the University informed them that defendant was no longer a student.<\/span><\/p>\n

Following service on the Secretary of State, Defendant filed a special appearance to contest jurisdiction, claiming that service of process on the Secretary of State was invalid, as he had resided in Washington at all times since the accident. He listed 7 different addresses in Washington in which he resided during the period of time material hereto.<\/span><\/p>\n

Judicial History<\/strong><\/span><\/p>\n

Action for Damages filed in King County, later moved to Whatcom County Superior Court. Defendant moved for dismissal of action based on insufficient service of process. The trial court granted the motion to dismiss. The Court of Appeals affirmed dismissal, holding that RCW 46.64.040 must be strictly construed, and that because defendant was within the state at all times during the limitations period, service under the statute was invalid. Supreme Court reversed the judgment and remanded the case for trial.<\/span><\/p>\n

Specific Issue<\/strong><\/span><\/p>\n

Does the nonresident motorist statute only apply where plaintiff can conclusively establish that the defendant is a nonresident or resident who has departed the state? No<\/strong><\/span><\/p>\n

Holding<\/strong><\/span><\/p>\n

The nonresident motorist statute not only applies where plaintiff can conclusively establish that the defendant is a nonresident or resident who has departed the state, but also where there is a reasonable basis to conclude that this is the case.<\/span><\/p>\n

Due diligence under the statute requires plaintiff make honest and reasonable efforts to locate the defendant. Not all conceivable means need be employed, but, at least, the accident report, if made, must be examined and the information therein investigated with reasonable effort. In addition, if plaintiff has information available pertaining to defendant\u2019s whereabouts other than that contained in the accident report, plaintiff must make reasonable efforts to investigate based on that information as well.<\/span><\/p>\n

Reasoning<\/b><\/span><\/p>\n

Service on the Secretary of State in some cases where plaintiff may not know where defendant is located is consonant with the State\u2019s interest in regulating the use of highways for the protection of persons and property within the state, the interest is not dependent on defendant\u2019s actual location. The statutory procedure satisfies due process requirements.<\/span><\/p>\n

C4PSE Comment<\/span><\/strong><\/p>\n

Here is yet another example where proper due diligence is key.<\/span><\/p>\n

A process server needs to be able to supply the client with an accurate and detailed declaration describing the steps taken in an attempt to locate and serve a target. Simple boiler plate language using phrases such as \u201cdue and diligent search\u201d are not sufficient.<\/span><\/p>\n

Special Note<\/span><\/strong><\/p>\n

The Non Resident Motorist Statute, RCW 46.64.040, was amended in 2003. This statute now applies to those cases where the defendant cannot be found in the state after a due and diligent search. The requirements that the defendant has left the state, or that the plaintiff has good and reasonable cause to believe such, no longer applies.<\/span><\/p>\n

See the course lesson on this topic. See also Huff vs Budbill.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Martin v. Meir 111 Wn. 2d 471, 760 P.2d 925 (1988) Editor’s Note: Although the Nonresident Motorist Act has changed […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":2235,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"site-sidebar-layout":"default","site-content-layout":"default","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-2237","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/app.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2237","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/app.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/app.trainingpips.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/app.trainingpips.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/app.trainingpips.com\/index.php\/wp-json\/wp\/v2\/comments?post=2237"}],"version-history":[{"count":0,"href":"https:\/\/app.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2237\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/app.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2235"}],"wp:attachment":[{"href":"https:\/\/app.trainingpips.com\/index.php\/wp-json\/wp\/v2\/media?parent=2237"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}