John Riebsame v. Brad Schemel
Case Details
- Judge(s)
- Judge Andy D. Bennett
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- motion to dismiss
Related Laws
No specific laws identified for this ruling.
Outcome
The trial court dismissed the plaintiff's complaint for lack of personal jurisdiction, finding that the defendant's alleged phone calls made from North Dakota did not establish sufficient contacts with Tennessee. The appellate court affirmed the dismissal.
Excerpt
The facts before the court on appeal depend upon the procedural posture of the case. John Riebsame, a former employee of Holland Enterprises ("Holland"), filed a complaint in the Circuit Court for Hamilton County, Tennessee on June 18, 2018, against Bradley Schemel, the vice president of Holland, a trucking company headquartered in Mapleton, North Dakota. On July 20, 2018, Mr. Schemel filed a motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(2) and (4) for lack of personal jurisdiction and insufficient service of process. With his motion, Mr. Schemel submitted his own affidavit, the contents of which will be detailed as relevant below.
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