Legal Question in Personal Injury in Massachusetts
Personal Injury Lawsuit Summons
We are a Small Business that modifies engines,suspensions, shocks on recreational vehicles such as dirt bikes, snowmobiles. A customer had a modification done in June on a dirt bike and while racing in August three months later after a number of races he crashed and blamed our modification. We have been served a personal injury lawsuit in the regular mail. Our we liable for this injury and was this lawsuit delivered to us legally or should we have been served by a Sheriff? This lawsuit was sent to us from New York State to Massachusetts. The work was performed in MA and the injury took place in New York.
2 Answers from Attorneys
Re: Personal Injury Lawsuit Summons
Sorry to hear about your predicament. In terms of determining the validity of jurisdiction in New York, there are a number of factors involved, including whether you knew that he was a resident of NY, the place of the accident, the contract between you and him, etc. In addition, you certainly can challenge the service of process since you were served by mail and not a sheriff. If certain facts are in your favor, what I would recommend is filing a motion to dismiss for lack of personal jurisdiction and lack of service of process.
If you would like to discuss this any further, I can be reached at 617.628.5596. I am admitted in both Massachusetts and New York. Information about my firm is available at www.powderhouselawgroup.com
Re: Personal Injury Lawsuit Summons
Service through the mail is ok. Should have been certkifiec. No one can say at this stage that you are or are not liable - however, it appears to be remote unless the crash was the direct result of a defect in the work you did. I hope you have insurnace. If so, notify them immediately. If not, consult with a lawyer of your choice.
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