State ex rel. Connor v. McGough, 89-443

• Decision Date: 15 November 1989
• Docket Number: No. 89-443,89-443
• Citation: 46 Ohio St.3d 188,546 N.E.2d 407
• Parties: The STATE, ex rel. CONNOR, v. McGOUGH, Judge.
• Court: Ohio Supreme Court

Page 188

46 Ohio St.3d 188

546 N.E.2d 407

The STATE, ex rel. CONNOR, v. McGOUGH, Judge.

No. 89-443.

Supreme Court of Ohio.

Submitted Sept. 12, 1989.

Decided Nov. 15, 1989.

The relator, John Connor, is a resident of the Federal Republic of Germany ("FRG") and a dual citizen of the United States and the FRG. Donald Martell is the Ohio administrator of the estate of Donald E. Martell, Jr. Respondent, Judge Lynett M. McGough, is a judge of the Court of Common Pleas of Lorain County. In 1986, Martell sued Connor in Lorain County, under R.C. 2125.01, alleging that Connor, in a 1983 FRG automobile accident, negligently caused the death of Martell, Jr. Connor was served in the Martell wrongful death action by certified mail at a South Carolina address.

In November 1988, Connor challenged the trial court's assumption of personal jurisdiction by a special appearance and a motion to dismiss. He argued the Due Process Clause of the Fourteenth Amendment required that a defendant have minimum contacts with a forum state prior to that state's exercising personal jurisdiction over him.

Judge McGough, relying on Ohio's dominant governmental interest, denied Connor's motion in February 1989. The court stated that in addition to the estate's being administered in Ohio, the decedent and his relatives were residents of Ohio. In Judge McGough's view, R.C. 2125.01 authorizes actions for the wrongful death of Ohio residents, wherever caused, even as against nonresidents.

Connor seeks a writ of prohibition from this court to restrain Judge McGough from further exercising judicial power over him in the Martell wrongful death action. Connor, born in West Germany, remained a resident of West Germany except in 1966-1967 when he lived in California. Connor had no known contacts, ties, or relations with the state of Ohio and has never been in Ohio.

Gallagher, Sharp, Fulton & Norman, Forrest A. Norman and Ernest A. Auciello, Jr., Cleveland, for relator.

Gregory A. White, Pros. Atty., and John S. Keressi, for respondent.

PER CURIAM.

The crucial issue is whether prohibition is an appropriate remedy to vindicate a nonresident's right to due process thereby preventing a trial court from improperly asserting personal jurisdiction over him. We find prohibition appropriate, and issue that writ.

Since prohibition is an extraordinary writ, we do not grant it routinely or easily:

"For a writ of prohibition to issue, a relator must ordinarily establish: (1) that the court against whom it is sought is about to exercise judicial power, (2) that the exercise of such power is unauthorized by law, and (3) that, if the writ is denied, he will suffer injury for which no other adequate remedy exists." State, ex rel. Largent, v. Fisher (1989), 43 Ohio St.3d 160, 161, 540 N.E.2d 239, 240; State, ex rel. Fyffe, v. Pierce (1988), 40 Ohio St.3d 8, 9, 531 N.E.2d 673, 674.

In this case, Connor clearly meets the first requirement. Judge McGough is attempting to exercise judicial power against him in the Martell wrongful death action. Connor has also unequivocally established that such an exercise of judicial power is unauthorized by law. Connor, who has no "minimum contacts" with Ohio, simply cannot be forced to defend a lawsuit in Ohio for a cause of action arising in the FRG. As a litigant, Connor is guaranteed fundamental fairness and due process by the Fourteenth Amendment. State, ex rel. Stone, v. Court (1984), 14 Ohio St.3d 32, 14 OBR 333, 470 N.E.2d 899.

Respondent correctly argues that Ohio trial courts have authority and responsibility to decide their own jurisdiction, including decisions on personal jurisdiction. State, ex rel. Smith, v. Court (1982), 70 Ohio St.2d 213, 24 O.O.3d 320, 436 N.E.2d 1005 (will contest--joinder of all necessary parties); State, ex rel. Bier, v. Court (1963), 175 Ohio St. 355, 25 O.O.2d 254, 194 N.E.2d 849 (defective affidavit charging crime); State, ex rel. Gelman, v. Court (1961), 172 Ohio St. 73, 15 O.O.2d 132, 173 N.E.2d 344 (alleged defective service of process); State, ex rel. Hanna, v. Court (1944), 144 Ohio St. 272, 29 O.O. 425, 58 N.E.2d 669 (jurisdiction over part-time trust company directors); and Jones v. Court of Appeals (1937), 133 Ohio St. 116, 10 O.O. 124, 11 N.E.2d 1023 (appointment of receiver). However, the Fourteenth Amendment's requirement of due process and fundamental fairness imposes important limitations on a trial court's authority. State, ex rel. Stone, v. Court, supra.

In World-Wide Volkswagen v. Woodson (1980), 444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490, the United States Supreme Court reversed the Oklahoma Supreme Court's decision to deny a writ of prohibition. In that case, Oklahoma attempted to assert personal jurisdiction over a New York retailer and wholesaler for a defective car, sold in New York, that caused an accident in Oklahoma. As the Supreme Court noted, "[t]he Due Process Clause of the Fourteenth Amendment limits the power of a state court to render a valid personal judgment against a nonresident defendant." Id. at 291, 100 S.Ct. at 564. A "state court may exercise personal jurisdiction over a nonresident defendant only so long as there exist 'minimum contacts' between the defendant and the forum State." Id. " * * * [D]efendant's contacts with the forum State must be such that maintenance of the suit 'does not offend traditional notions of fair play and substantial justice.' " Id. at 292, 100 S.Ct. at 564.

"Minimum contacts" is a well-established United States constitutional requirement. International Shoe Co. v. Washington (1945), 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95; Burger King Corp. v. Rudzewicz (1985), 471 U.S. 462, 474, 105 S.Ct. 2174, 2183, 85 L.Ed.2d 528; see Annotation, Comment Note--"Minimum Contacts" Requirement of Fourteenth Amendment's Due Process Clause (Rule of International Shoe Co. v. Washington ) for State Court's Assertion of Jurisdiction over Nonresident Defendant (1981), 62 L.Ed.2d 853.

Justice O'Connor recently explained the requirement:

"The Due Process Clause of the Fourteenth Amendment limits the power of a state court to exert personal jurisdiction over a nonresident defendant. 'The constitutional touchstone' of the determination of whether an exercise of personal jurisdiction comports with due process 'remains whether the defendant purposefully established "minimum contacts" in the forum State.' * * * Most recently we have reaffirmed * * * that minimum contacts must have a basis in 'some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.' * * * 'Jurisdiction is proper * * * where the contacts proximately result from actions by the defendant himself that create a "substantial connection" with the forum State.' * * *" (Citations omitted.) Asahi Metal Industry Co. v. Superior Court (1987), 480 U.S. 102, 108-109, 107 S.Ct. 1026, 1031, 94 L.Ed.2d 92.

In this case, Connor has had no known contacts with Ohio other than to attempt, unsuccessfully so far, to extricate himself from being sued here. He was not served with process within Ohio. Fundamental notions of fairness and due process do not permit a defendant to be sued, as here, some four thousand miles from where an accident occurred and where he lives, largely on the basis that this is where the decedent lived and his next of kin reside. "Process from the tribunals of one State cannot run into another State, and summon parties there domiciled to leave its territory and respond to proceedings against them." Pennoyer v. Neff (1877), 95 U.S. 714, 727, 24 L.Ed. 565.

We recognize Ohio's important interest in the litigation. Fox v. Morrison Motor Freight, Inc. (1971), 25 Ohio St.2d 193, 54 O.O.2d 301, 267 N.E.2d 405, certiorari denied (1971), 403 U.S. 931, 91 S.Ct. 2254, 29 L.Ed.2d 710. Ohio's wrongful death statute, R.C. 2125.01, in part specifies:

"When death is caused by a wrongful act, neglect, or default in another state or foreign country, for which a right to maintain an action and recover damages is given by a statute of such other state or foreign...