Civil Procedure

Brief

Hess v. Pawloski

Procedural History:

• Pawloski v. Hess @ trial court. Jury rules in favor of Pawloski.
• Hess appeals the decision. Court of appeals in favor of Pawloski.
• Hess appeals to Supreme Court. Affirmed.

Facts:

• Hess a resident of Pennsylvania.
• Hess driving on a highway in Massachusetts strikes a Mass. Resident, Pawloski with his vehicle, thus injuring him.
• Pawloski sues in Massachusetts and the Mass. Court claims jurisdiction over Hess.
• By Hess driving on a Massachusetts road he consents to be considered equally as a resident and therefore is liable for his actions in Mass. due to State Statute.
• Hess believes it is unconstitutional.

Issue:

• Is the State of Mass acting unconstitutionally by claiming jurisdiction over Hess?

Holding:

• No. Decision is affirmed. A state has the power to legislate over a nonresident if that nonresident committed an offense in his/her vehicle on that states highway through implied consent which is not a violation of the 14^th amendment.