Saturday, May 18, 2019

Robey V. Hinners

Bo-Yuan Chen Bus 201 Brief- Robey v. Hinners FactsBrad Robey, d/b/a as Roebys Pawn World, sold a used 2002 Cadillac Escalade to Hinner, a resident of Kentucky, and utter that the vehicle was clean, better and average and that 1 month/1,000 naut mi Service agreement. After bought the fomite and found that it was not as advertised, Hinners filed a civil complaint against Robey in the Kenton Circuit Court. Robey filed an answer and too motion to dismiss on the ground of lack of ad hominem jurisdiction. The trial court denied the motion, rated Hinners indigence and entered a default judgment.Robey appeal herein followed. Issue Whether the issue of in-person jurisdiction may be raised by Robey in this appeal even though a default judgment was entered. ending Reverse the judgment of the Kenton Circuit Court and remand for the entry of an order dismissing Hinnerss complaint. Reasoning Hinners Hinners argued that three of the gild provisions of KRS 454. 210 authorized the extension of long-arm jurisdiction over Robey. Robey, situated in Missouri, advertised the vehicle for cut-rate sale on eBay Hinners, in Kentucky, submitted the winning bidHinners traveled out-of-state to take possession of the vehicle Robey executed vehicle delight documents to enable Hinners to obtain a Kentucky registration and title for the vehicle Robey, in his eBay listing and in oral examination statements to Hinners, misrepresented the condition of the vehicle The vehicle came to Kentucky covered by Robeys warranty, the one month/1000 mile service agreement. Robey In Burger King Corp. v. Rudzewicz case, the U. S. supreme held that formation of a contraction with a nonresident was not, stand along, sufficient to create jurisdiction.Placing the vehicle for auction on eBay did not alone create personal jurisdiction over Robey in Kentucky. Accepting the Application for Kentucky Certificate of Title/Registration did not create personal jurisdiction. The fact that Hinners took the vehic le to Kentucky and determined there that it was not as advertised did not create personal jurisdiction There was no evidence that Robey used eBay through which to sell automobiles on any affair other than this one. The language in the eBay listing referring to a 1 month/1,000 mile Service Agreement also did not create jurisdiction.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.