Service of Summons & Complaint Method

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WI Court of Appeals – District I

Case Name: Kia Hutchinson v. Steren Management Co, Inc.

Case No.: 2022AP001655

Officials: White, C.J., Donald, P.J., and Dugan J.

Focus: Service of Summons & Complaint Method

Steren owns and operates a McDonald’s restaurant in Oak Creek, Wisconsin. On June 3, 2021, Hutchinson filed a complaint against Steren, alleging negligence and a violation of WIS. STAT. § 101.11 (2021-22), Wisconsin’s safe place statute, as a result of a slip and fall that she sustained at the McDonald’s on April 7, 2019.

Hutchinson appeals from an order of the circuit court dismissing her complaint for a lack of personal jurisdiction over Steren Management Co., Inc. On appeal, Hutchinson argues that the circuit court erroneously found that the service of the summons and complaint was improper and, therefore, that the court lacked personal jurisdiction.

The dispute here focuses on the manner in which service was made by mailing a copy of the summons and complaint to Jeffrey Steren. Steren posits that service was improper for several reasons. First, Steren argues that it was improper because Hutchinson failed to use reasonable diligence to make personal service. Second, Steren argues that, even if substitute service was appropriate, Hutchinson failed to comply with the substitute manner of service by failing to use certified mail and also comply with the publication requirement. The appeals court agrees

Affirmed.

Decided 10/17/23

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