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eBook details

• Title: American Strategic Insurance Co. v. Lucas-Solomon
• Author : In the District Court of Appeal of Florida Second District
• Release Date : January 28, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Liberty Mutual Insurance Company, a workmens compensation-insurance carrier, sued Lloyd Adams Incorporated, under the Code, § 114-403, as amended by the act of 1937 (Ga. L. 1937, pp. 528, 530), to recover the amount of workmens compensation payments made on account of an accidental injury alleged to have been negligently inflicted by the defendant upon the employee of the plaintiffs insured. Both the plaintiff and the defendant were foreign corporations. The injury occurred in Berrien County. The action was instituted in the superior court of Fulton County under the non-resident motorist act of 1937 (Ga. L. 1937, p. 732), which provides in substance that a non-resident using the public highways of the State thereby appoints the Secretary of State as said non-residents agent for service of process in any action growing out of an accident from the non-residents operation of a motor vehicle on any highway of this State. This action was brought in Fulton County, not upon the theory that the Secretary of State resides in Fulton County, but upon the theory that any court of the State has jurisdiction of the action, in view of section 3 of the non-resident motorist act (Ga. L. 1937, pp. 732, 734), which provides that "all courts in the counties of this State, now having jurisdiction of tort actions and criminal actions, shall have jurisdiction of all such non-resident users in actions arising under this act." The defendant demurred to the petition, on the grounds: that it set forth no cause of action; that the Code section as amended (supra) does not authorize a recovery under the facts alleged in the petition; that that statute is unconstitutional in that it offends the due-process clauses of the State and United States constitutions; and that section 3 of the non-resident motorist act, if it be construed as conferring jurisdiction upon the superior court of Fulton County of a cause of action growing out of an accident alleged to have happened in Berrien County and jurisdiction to entertain such a suit against this defendant, a foreign corporation, is unconstitutional as denying equal protection of the law, in that said statute "permits foreign corporations to be sued in any county of the State, without regard to whether such corporation has an office or place of business in such county, and without regard to whether the cause of action originated in such county; whereas domestic corporations are suable only in counties in which is located the principal office or place of business of the domestic corporation or in the county in which the cause of action in tort originated" (Code, § 22-1102); and that the non-resident motorist act of 1937 violates paragraph 8 of section 7 of article 3 of the State constitution, which declares that "no law or ordinance shall pass which refers to more than one subject-matter, or contains matter different from what is expressed in the title thereof," in that said act embodies two separate and distinct subjects, to wit: (a) appointment of the Secretary of State as non-resident motorists agent for accepting service, and (b) designation of jurisdiction and venue of cases under that act.

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