Personal Jurisdiction – Service of Process

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WI Court of Appeals – District III

Case Name: Skylar B. Ewing v. State Automobile Insurance Company, et al.,

Case No.: 2018AP2265

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Personal Jurisdiction – Service of Process

Skyler Ewing appeals a summary judgment dismissing defendant Jonathan Davis from Ewing’s personal injury action for lack of personal jurisdiction over Davis. Ewing argues he accomplished personal service because the undisputed facts show his process server attended a baseball game in California in which Davis was to play. Prior to the game, as Davis was exiting the field down the right field line to retrieve items from the clubhouse, the process server tossed a manilla envelope containing the summons and complaint down at Davis from approximately twenty feet above him in the fan seating area. As the server did so, he yelled, “You have been served!”

We agree with the circuit court that this attempt at personal service was insufficient. Process papers should be physically placed in the hands of the party to be served, if possible. If a person refuses to accept service after the process server identifies the documents and attempts service in a “civil and proper manner,” the documents may be deposited in an appropriate place in the presence of the party or in a place where they will most likely come into his or her possession. See Borden v. Borden, 63 Wis. 374, 377, 23 N.W. 573 (1885). Because personal service was not accomplished upon Davis, the court lacked personal jurisdiction over Davis, and the complaint against him was properly dismissed. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.