L T Elsey & Son, Inc v. American Engineering Fabrics, Inc

Michael J.

Kelly, J. Plaintiff-appellant contends that the lower court erred in granting defendant-cross-appellant’s motion for summary disposition because, under the facts and circumstances of this case, it is clear that “the defendant’s conduct and connection with the forum state are such that he [sic] should reasonably anticipate being haled into court there.” We agree and reverse.

The test is that stated in Burger King Corp v Rudzewicz, 471 US 462; 105 S Ct 2174; 85 L Ed 2d 528 (1985). The trial court simply failed to assess the unrebutted evidence supplied by affidavit that defendant had…