Buena Vista Manor v. Century Mfg. Co., 2--56536
| Decision Date | 28 August 1974 |
| Docket Number | No. 2--56536,2--56536 |
| Citation | 221 N.W.2d 286 |
| Parties | BUENA VISTA MANOR, Appellant, v. CENTURY MANUFACTURING COMPANY, Appellee. |
| Court | Iowa Supreme Court |
Paul W. Deck, Law Offices, Sioux City, for appellant.
Paul J. Yaneff, Sioux City, for appellee.
Heard by MOORE, C.J., and LeGRAND, REYNOLDSON, HARRIS and McCORMICK, JJ.
Plaintiff has appealed from trial court's order sustaining nonresident defendant's special appearance. The sole issue raised is whether plaintiff in giving defendant notice complied with the requirements of the long-arm statute, Code section 617.3. We conclude the trial court erred.
The material facts as shown by the pleadings, the special appearance, resistance thereto and affidavits are not disputed. Plaintiff, Buena Vista Manor, a nursing home in Storm Lake purchased a whirlpool from defendant, Century Manufacturing Company. A part broke on the whirlpool and caused injury to one of plaintiff's patients. Plaintiff's demand that defendant defend and settle the patient's damage action against plaintiff was refused and rejected. Plaintiff made a good faith settlement with the patient and then brought action against defendant for indemnity or in the alternative, equitable contribution. To establish jurisdiction in the Buena Vista County District Court plaintiff was required to comply with the provisions of Code section 617.3. As material here it provides:
* * *.
On October 27, 1972 plaintiff filed a properly prepared original notice of the action here involved with the secretary of state. The secretary of state returned to plaintiff's attorney a certificate of such filing. On November 2, 1972 plaintiff by certified mail sent a notification of such filing, including a copy of the original notice, to defendant at its place of business. The envelope was addressed to Century Manufacturing Company, Owen Berthelsen, Agent for Service, Industrial Park, Aurora, Nebraska. Plaintiff's research had disclosed Owen Berthelsen was an officer and the designated service agent of defendant in Nebraska.
On November 20, 1972, plaintiff's letter was returned to its lawyer marked 'unclaimed.' On the next day, November 21, 1972, after additional inquiry and research, plaintiff's lawyer by certified mail again sent a copy of the original notice to defendant company. The envelope was addressed to Cal Berthelsen, Vice-President, Century Manufacturing Co., West Highway #34, R.R. #2, Aurora, Nebraska, 68818. A few...
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L.F. Noll Inc. v. Eviglo
...we strictly construe statutes providing extraordinary methods of securingjurisdiction over nonresidents. See Buena Vista Manor v. Century Mfg. Co., 221 N.W.2d 286, 288 (Iowa 1974) (citing Matney v. Currier, 203 N.W.2d 589, 593 (Iowa 1973)). It is thus not surprising that our cases regarding......
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Creative Communication Consultants, Inc. v. Byers Transp. Co., Inc.
...with the terms of § 617.3. We have consistently held such statutes must be strictly construed. Buena Vista Manor v. Century Manufacturing Co., 221 N.W.2d 286, 288 (Iowa 1974). The trouble with this case is that the parties have not to this day been able to agree on the rationale for asserti......
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Barrett v. Bryant
...Webb denied receiving the notification of filing but does not deny receiving the postal notices. In Buena Vista Manor v. Century Manufacturing Co., 221 N.W.2d 286, 288 (Iowa 1974), the court said the legislature intended that the addressee would receive the notification of filing. However, ......
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Schumacher Elevator Co., Inc. v. Springfield Elevator Co., Inc.
...held § 617.3 does not require proof of receipt or date of delivery of the Notification of Filing to a nonresident defendant. Buena Vista Manor, 221 N.W.2d at 288. Applying that holding, we rule defendant's first attack on the sufficiency of proof of service is without Defendant's second att......