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Knapp v. Yamaha Motor Corporation, U.S.A.

60 F. Supp. 2d 566 (1999)

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Knapp v. Yamaha Motor Corporation, U.S.A.

United States District Court for the Southern District of West Virginia
60 F. Supp. 2d 566 (1999)

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Facts

Gary Knapp (plaintiff) sued Yamaha Motor Company, Ltd. (Yamaha Japan) (defendant) and Yamaha Motor Corporation, U.S.A. (Yamaha USA) (defendant) in state court for personal injuries he suffered while using an all-terrain vehicle. Yamaha Japan was a Japanese corporation headquartered in Japan, and Yamaha USA was Yamaha Japan’s wholly owned subsidiary organized and based in California. Both Japan and the United States were signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Convention). Upon filing his petition in state court, Knapp served the summons on the West Virginia secretary of state, who then forwarded the summons and complaint by registered mail to both Yamaha Japan and Yamaha USA at their respective principal business addresses, per the West Virginia service-of-process statute. The matter was removed to federal court, and Yamaha Japan moved to dismiss the matter for insufficient service of process, claiming Knapp’s service was invalid for failing to meet the requirements for effective foreign service of process set out by the Hague Convention.

Rule of Law

Issue

Holding and Reasoning (Copenhaver, J.)

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