Fisher v. MAJESTIC TRUCKING, INC.

PAUL A. BONIN, Judge.

hAnn Marie Fisher Tessier, the widow of George Tessier III, sued American Empire Surplus Lines Insurance Company, among others, seeking damages for the wrongful death of her husband. American Empire filed a motion for summary judgment which was granted, resulting in its dismissal with prejudice from these proceedings. Because we find merit in Ms. Tessier’s assignment of error that proof of long-arm service of the motion for summary judgment upon her was deficient, we vacate and remand to the district court.

I

At the time that American Empire filed its motion, Ms. Tessier…