Griffin v. Mark Travel Corp.

2006 WI App 213, 296 Wis. 2d 642, 724 N.W.2d 900 (2006)

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Griffin v. Mark Travel Corp.

Wisconsin Court of Appeals
2006 WI App 213, 296 Wis. 2d 642, 724 N.W.2d 900 (2006)

Facts

David and Alma Griffin (plaintiffs), among others, were injured in a bus accident in transit from the airport to their hotel in Cancún, Mexico. The bus was owned and operated by Viajes Turquesa (Viajes) (defendant). The bus trip was part of a vacation package the Griffins had purchased from Mark Travel Corporation (Mark Travel) (defendant) in Wisconsin. The Griffins filed suit in Milwaukee County Circuit Court in Wisconsin. Maria Eli Lopez Reyes, a Mexican attorney and notary, served the suit papers on a representative of Viajes in Mexico. Mexico is a member of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hauge Convention). Viajes challenged the service, contending that Mexico’s acceptance of the Hague Convention did not permit service by Reyes. Viajes further claimed that the appellate court should apply a de novo standard of review.

Rule of Law

Issue

Holding and Reasoning (Fine, J.)

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