Kadota v. Hosogai
Arizona Court of Appeals
608 P.2d 68 (1980)
- Written by David Bloom, JD
Facts
The husband of Michiko Hosogai (Hosogai) (plaintiff) was a passenger in an automobile being driven by Hiroshi Kadota (Kadota) (defendant), a Japanese citizen, when the car got into an accident in Arizona. Hosogai’s husband died in the accident. Kadota suffered severe brain injuries and was hospitalized in Arizona before returning to Japan. Hosogai sued Kadota for negligence and made multiple attempts to effectuate service of process on Kadota. One attempt at service, according to Hosogai’s process server, was made by serving the state superintendent of motor vehicles pursuant to Arizona’s nonresident-motorists statute. Another attempt at service was made by a Japanese attorney who personally served a copy of the summons with a Japanese translation on Kadota in Japan. Kadota objected to service, arguing that these methods violated a treaty between the United States and Japan under the Hague Service Convention. Hosogai argued that these methods of service were permitted under Arizona rules of civil procedure. The court rejected Kadota’s objections, and the case went to trial. The jury rendered a verdict in favor of Hosogai and awarded money damages against Kadota. Kadota appealed.
Rule of Law
Issue
Holding and Reasoning (Haire, J.)
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