Legal Opinion

Noel Michaud v. Sarah Davidson

Court of Appeals for the Eighth Circuit

Decided April 16, 2019No. 17-3472PublishedCited by 1 opinion

1Opinion of the Court

STRAS, Circuit Judge.

After suing Sarah Davidson for injuries arising out of a car accident, Noel Michaud attempted to serve Davidson by having a local sheriff's deputy leave a copy of the summons and complaint with Davidson's father, who then handed them to Davidson just hours later. The magistrate judge, acting by consent of the parties, dismissed Michaud's lawsuit on the theory that Minnesota does not recognize "secondhand service." See Minn. R. Civ. P. 4.03(a). We reverse.

I

Michaud's lawsuit arose out of an injury she suffered in a 2010 car accident with Davidson. At the time, Davidson was…

2Cases cited6 opinions

  1. Thiele v. StichSupreme Court of Minnesota · 1988
  2. Berryhill v. SeppSupreme Court of Minnesota · 1909
  3. Mark Barner v. Thompson/Center Arms Co.Court of Appeals for the Eighth Circuit · 2015
  4. Steven J. Jaeger v. Palladium Holdings, LLC, Franklin Financial, LLCSupreme Court of Minnesota · 2016
  5. Keith Melillo v. Terry Arden HeitlandSupreme Court of Minnesota · 2016

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3Cited by1 opinion

  1. Balwant Prasad v. Kyle LearyCourt of Appeals of Minnesota · 2024

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