Hess v. Pawloski U.S.
Facts: - Hess was not a resident of Massachusetts
Hess was driving through Massachusetts and was involved in an automobile accident Hess was sued by Pawloski in a personal injury case When driving through the state, person implies acceptance of having the registrar to be appointed as agent to accept service Hess was notified (service of notice) by registered mail
Procedure: Pawloski sued Hess in a Massachusetts state court for personal injuries received in an automobile accident that occurred in Massachusetts. The defendant received a copy of service by mail. D filed a motion to dismiss on grounds of violation of due process. The Massachusetts court upheld the service as did the USSC. Issue: Did the service of a state appointed agent constitute due process for a non-resident who was involved in a traffic accident while driving though the state? Rule: States may appoint agents on whom process may be served for non-residents who use the highways. Holding: Yes, the service of a state appointed agent did constitute due process. Rationale: This policy operates to require a non-resident to answer for his conduct in the state. Also this provides a claimant a convenient method by which he can sue to enforce his rights. It is in the public interest of the state to make and enforce regulations which promote care on part of all residents and non-residents. The use of the highway is the equivalent as appointment of the register as agent on whom process may be served. Policy/Notes: