Concord General Mutual Insurance Company v. Castellano

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SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-05-214 STATE OF -MAINE KENNEBEC, ss. e r2 ,k)/, j,2/\4/~/$ J!< CONCORD GENERAL MUTUAL INSURANCE COMPANY, Plaintiff DECISION ON MOTION TO DISMISS MARK J. CASTELLANO, Defendant This matter comes before the court on the defendanfs motion to Qsmiss the complaint pursuant to M.R. Civ. P. 12(b)(2)for lack of jurisdiction over the person. 1 Finding no jurisdiction, the motion will be granted. Background For purposes of the motion to dismiss, the court will consider all of the allegations in the complaint as true. T h s litigation arises out of a motor vehicle accident which occurred on May 1, 2003, in Fort Myers, Florida. Involved as drivers in that accident were one Theodore Carter, a Maine resident, and Mark Castellano, a Florida resident. As a result of the accident, Castellano filed suit in Florida against Carter seeking bodily injury damages. Also named as a defendant in the litigation was Concord General Mutual Insurance Company, as a potential source for payment of any judgment against Mr. Carter. There is no indication any where in the complaint that Mark Castellano has had any connection whatsoever with the State of Maine other than the fact that the driver of the other vehcle in the accident happened to be a Maine resident. There is no indication that Mr. Castellano has ever been in the State of Maine, The motion was mistakenly identified as being brought pursuant to Rule 12(b)(6). entered into contracts in the State or with Maine residents, or has any minimal contacts with the State. Nor has the plaintiff in the wake of the motion to dismiss filed any motion to amend the complaint to include any minimal contacts that would provide personal jurisdiction. Maine has a liberal Long Arm Statute (14 M.R.S.A. § 704-A) whch allows finding of personal jurislction in virtually any situation that honors constitutional Due Process. However, even under the most expansive statement of jurisdiction, there can be no finding of personal jurisdiction over Mr. Castellano in h s case and continued litigation in Maine would violate h s due process. The entry will be: Motion GRANTED and complaint ORDERED DISMISSED. Dated: ~ e b r u a r 2006 ~a Justice, superior Court CONCORD GENERAL MUTUAL INSURANCE COMPANY - PLAINTIFF Attorney for: CONCORD GENERAL MUTUAL INSURANCE COMPANY TAYLOR DOUGLAS FAWNS - RETAINED 08/30/2005 OFFICE OF WILLIAM J KELLEHER 7 EAST CRESCENT STREET AUGUSTA ME 04330 SUPERIOR COURT KENNEBEC, ss . Docket No AUGSC-CV-2005-00214 DOCKET RECORD VS MARK J CASTELLANO - DEFENDANT Attorney for: MARK J CASTELLANO JAMES FORTIN - RETAINED DOUGLAS DENHAM BUCCINA & ERNST 103 EXCHANGE ST PO BOX 7108 PORTLAND ME 04112 Filing Document: COMPLAINT Filing Date: 08/30/2005 Minor Case Type: DECLARATORY JUDGMENT Docket Events: 08/31/2005 FILING DOCUMENT - COMPLAINT FILED ON 08/30/2005 08/31/2005 Party(s): CONCORD GENERAL MUTUAL INSURANCE COMPANY ATTORNEY - RETAINED ENTERED ON 08/30/2005 Plaintiff's Attorney: TAYLOR DOUGLAS FAWNS 09/28/2005 Party(s): CONCORD GENERAL MUTUAL INSURANCE COMPANY SUMMONS/SERVICE - PROOF OF SERVICE FILED ON 09/28/2005 Plaintiff's Attorney: TAYLOR DOUGLAS FAWNS 09/28/2005 Party ( s) : CONCORD GENERAL MUTUAL INSURANCE COMPANY SUMMONS/SERVICE - PROOF OF SERVICE SERVED ON 09/15/2005 09/30/2005 Party(s): MARK J CASTELLANO OTHER FILING - ENTRY OF APPEARANCE FILED ON 09/30/2005 Defendant's Attorney: JAMES FORTIN 09/30/2005 Party(s): MARK J CASTELLANO ATTORNEY - RETAINED ENTERED ON 09/30/2005 Defendant's Attorney: JAMES FORTIN 09/30/2005 Party(s): MARK J CASTELLANO RESPONSIVE PLEADING - ANSWER FILED ON 09/30/2005 Defendant's Attorney: JAMES FORTIN 10/06/2005 ORDER - SCHEDULING ORDER ENTERED ON 09/30/2005 S KIRK STUDSTRUP , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL Page 1 of 3 COPIES TO P r i n t e d on: 02/15/2006

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