Hogan v. Nicholas

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a removed civil action pursuant to 28 U.S.C. §§ 1332(a)(1), 1441(a), for money damages arising out of a motor vehicle accident. The defendant moved to dismiss the action for lack of jurisdiction over the person, Rule 12(b)(2), Federal Rules of Civil Procedure, and to quash the attempted service of process. There is merit to such motion.

The plaintiff alleged that on June 1, 1973, the defendant Mr. Nicholas, a citizen of Hickory, North Carolina, left his automobile, bearing a North Carolina license, on a street therein unlocked,…