TITLE
Roy Bickford v. Onslow Memorial Hospital Foundation, INC., (Me. SJC.Saufley.2004)
FACTS
Bickford and his ex-wife agreed in their separation agreement that each would be responsible for their respective debts as of August 18, 1998. Around September 1998 Bickford’s former stepdaughter received medical treatment from the Onslow Memorial Hospital (in NC), Bickford was billed and when he refused to pay for such treatment was held responsible for it.
When Bickford was denied a mortgage due to a negative balance resulting from the medical treatment he contacted the hospital and tried to straighten up his record, but the hospital refused to do so. Bickford sued the Hospital for interference with an economic advantage and intentional infliction of emotional distress. However the hospital wants to dismiss complain because they claim that Maine has no personal jurisdiction over the hospital. Bickford opposed to this motion. After the high court confirmed two of the three traditional factors, they established that Maine protects its residents from harmful negative credit reports inside or outside Maine’s boundaries.
ISSUE
Should the hospital’s dismissal be allowed or denied?
RULE:
In order for Maine to have jurisdiction over a nonresident defendant certain conditions must be satisfied. 1) Maine has to have a legitimate interest in the subject matter of this litigation. 2) The defendant could have anticipated litigation in Maine. 3) The exercise of jurisdiction by Maine’s courts comports with traditional notions of fair play and substantial justice.
ANALYSIS:
Maine’s long-arm statute allows jurisdiction over nonresident defendants if three conditions exists: Maine must have legitimate interest in the subject matter of this litigation, The defendant could have anticipated litigation in Maine and the exercise of jurisdiction by Maine’s courts comports with