Chase v. Greyhound Lines, Inc., No. CC891

CourtSupreme Court of West Virginia
Writing for the CourtCAPLAN
Citation211 S.E.2d 273,158 W.Va. 382
PartiesEugene F. CHASE, Executor, etc., v. GREYHOUND LINES, INC., a corporation, et al. HENDERSON MANUFACTURING COMPANY, a corporation, v. BROADWAY ELKHART COMPANY, etc.
Decision Date21 January 1975
Docket NumberNo. CC891

Page 273

211 S.E.2d 273
158 W.Va. 382
Eugene F. CHASE, Executor, etc.,
v.
GREYHOUND LINES, INC., a corporation, et al.
HENDERSON MANUFACTURING COMPANY, a corporation,
v.
BROADWAY ELKHART COMPANY, etc.
No. CC891.
Supreme Court of Appeals of West Virginia.
Jan. 21, 1975.

Syllabus by the Court

1. 'The standard of jurisdictional due process is that a foreign corporation must have such minimum contacts with the state of the forum that the maintenance of an

Page 274

action in the forum does not offend traditional notions of fair play and substantial justice.' Hodge v. The Sands Manufacturing Company, 151 W.Va. 133 (150 S.E.2d 793) (1966).

2. The amount and kind of activities which must be carried on by a foreign corporation in the state of the forum so as to make it reasonable and just to subject the corporation to an In personam judgment of a court in that state must be determined by the facts and circumstances of each case.

[158 W.Va. 383] Frank V. Sansalone, Fairmont, for plaintiff (Eugene F. Chase).

Furbee, Amos, Webb & Critchfield, Bill B. Atkins, Fairmont, for third-party defendant (Broadway Elkhart Company).

CAPLAN, Justice:

Eugene F. Chase, on July 2, 1971, purchased from defendant, Ridge Runner Industries, Inc., a 1968 Ford truck upon which was mounted a camper box. Ridge Runner Industries, Inc. purchased said camper box from Henderson Manufacturing Company, a corporation, the manufacturer and designer of said box. Ridge Runner was the distributor for Henderson in this state.

On July 19, 1971, while plaintiff's decedent, Rosalie R. Chase, was riding in the camper box, the Ford truck on which it was mounted collided with a Greyhound bus and Rosalie R. Chase suffered a fatal injury. The plaintiff alleges in his complaint that defendant Henderson Manufacturing Company and defendant Ridge Runner Industries, Inc. knew at the time of the sale that the camper box was not suitable and reasonably fit for the purpose for which it was intended to be used; that they knew that Eugene F. Chase and the members of his household, including the plaintiff's decedent, would rely upon the skill and judgment of said defendants and upon their warranty in purchasing said camper box and that the plaintiff's decedent did rely upon the defendants' warrant. It is further alleged in said complaint that the collision and death of the plaintiff's decedent was caused by the negligence of each of the drivers of the vehicles and by reason of the faulty design of the door to the camper box from which Rosalie R. Chase fell to her death. Basically, it was charged in the complaint that the defendant, Henderson Manufacturing Company, negligently designed, constructed and manufactured said camper box making it unsafe for its intended use; [158 W.Va. 384] that the design and structure of the door, door lock and door frame were defective and inadequately designed to withstand an impact with a reasonable degree of safety; that the plaintiff's decedent was unaware of the defects in the camper box which made it unsafe for its intended use; and that the plaintiff's decedent was fatally injured as a direct and foreseeable result of the negligent, defective and inadequately designed construction and manufacture of said camper box. As aforesaid, the complaint further charges that the collision and fatal injury to the plaintiff's decedent was caused by the negligence of Stephen E. Chase, driver of the vehicle in which the deceased was riding, and the negligence of Samuel S. Nazzareno, the driver of the defendant Greyhound bus.

Subsequent to the filing of the aforesaid complaint defendant Henderson Manufacturing Company filed a third-party complaint against Broadway Elkhart Company, a division of Elixir Industries, Inc. In the third-party complaint Henderson noted that Chase, the plaintiff, complained that the door, door lock and door frame of the camper were defective; that Henderson had purchased the door, door lock and door frame from Broadway Elkhart Company and had installed them in accordance with the instructions of Broadway. Henderson therein further alleges that Broadway, the third-party defendant, negligently designed, constructed and manufactured said door, door lock and door frame thereby causing the injury to and death of the plaintiff's decedent. Therefore, says Henderson in its third-party complaint, any damages sustained

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by the plaintiff were the direct and proximate result of the...

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5 practice notes
  • S. R. v. City of Fairmont, No. CC922
    • United States
    • Supreme Court of West Virginia
    • July 29, 1981
    ...in the forum does not offend traditional notions of fair play and substantial justice." 4 See also Chase v. Greyhound Lines, Inc., W.Va., 211 S.E.2d 273 (1975); State ex rel. Coral Pools, Inc. v. Knapp, [167 W.Va. 885] 147 W.Va. 704, 131 S.E.2d 81 (1963); Gavenda Brothers, Inc. v. Elkins Li......
  • Harman v. Pauley, Civ. A. No. 80-1075.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • September 24, 1981
    ...the traditional due process requirements." S. R. v. The City of Fairmont, 280 S.E.2d 712 (W.Va.1981). See Chase v. Greyhound Lines, Inc., 211 S.E.2d 273 (W.Va.1975); Hodge v. Sands Manufacturing Company, 151 W.Va. 133, 150 S.E.2d 793 (1966); State ex rel Coral Pools, Inc. v. Knapp, 147 W.Va......
  • Brent v. Board of Trustees of Davis and Elkins College., No. 13908
    • United States
    • Supreme Court of West Virginia
    • July 10, 1979
    ...We do not find the later cases of Crawford v. Carson, 138 W.Va. 852, 78 S.E.2d 268 (1953) and Chase v. Greyhound Lines, Inc., W.Va., 211 S.E.2d 273 (1975) any more enlightening. Crawford involved proper venue of an action arising from an automobile accident when service was on the defendant......
  • Hill by Hill v. Showa Denko, K.K., No. 20904
    • United States
    • Supreme Court of West Virginia
    • December 17, 1992
    ...property within the State, and had not appointed anyone to accept process within the State. Similarly, in Chase v. Greyhound Lines, Inc., 158 W.Va. 382, 211 S.E.2d 273 (1975), the Court ruled that a West Virginia court could not exercise personal jurisdiction over an out-of-state defendant ......
  • Request a trial to view additional results
5 cases
  • S. R. v. City of Fairmont, No. CC922
    • United States
    • Supreme Court of West Virginia
    • July 29, 1981
    ...in the forum does not offend traditional notions of fair play and substantial justice." 4 See also Chase v. Greyhound Lines, Inc., W.Va., 211 S.E.2d 273 (1975); State ex rel. Coral Pools, Inc. v. Knapp, [167 W.Va. 885] 147 W.Va. 704, 131 S.E.2d 81 (1963); Gavenda Brothers, Inc. v. Elkins Li......
  • Harman v. Pauley, Civ. A. No. 80-1075.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • September 24, 1981
    ...the traditional due process requirements." S. R. v. The City of Fairmont, 280 S.E.2d 712 (W.Va.1981). See Chase v. Greyhound Lines, Inc., 211 S.E.2d 273 (W.Va.1975); Hodge v. Sands Manufacturing Company, 151 W.Va. 133, 150 S.E.2d 793 (1966); State ex rel Coral Pools, Inc. v. Knapp, 147 W.Va......
  • Brent v. Board of Trustees of Davis and Elkins College., No. 13908
    • United States
    • Supreme Court of West Virginia
    • July 10, 1979
    ...We do not find the later cases of Crawford v. Carson, 138 W.Va. 852, 78 S.E.2d 268 (1953) and Chase v. Greyhound Lines, Inc., W.Va., 211 S.E.2d 273 (1975) any more enlightening. Crawford involved proper venue of an action arising from an automobile accident when service was on the defendant......
  • Hill by Hill v. Showa Denko, K.K., No. 20904
    • United States
    • Supreme Court of West Virginia
    • December 17, 1992
    ...property within the State, and had not appointed anyone to accept process within the State. Similarly, in Chase v. Greyhound Lines, Inc., 158 W.Va. 382, 211 S.E.2d 273 (1975), the Court ruled that a West Virginia court could not exercise personal jurisdiction over an out-of-state defendant ......
  • Request a trial to view additional results

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