Brief- Robey v. Hinners
Facts:Brad Robey, d/b/a as Roeby’s Pawn World, sold a used 2002 Cadillac Escalade to Hinner, a resident of Kentucky, and stated that the vehicle was “clean, better and average” and that “ 1 month/1,000 mile Service Agreement”. After bought the Vehicle and found that it was not as advertised, Hinners filed a civil complaint against Robey in the Kenton Circuit Court. Robey filed an answer and also motion to dismiss on the ground of lack of personal jurisdiction. The trial court denied the motion, rated Hinner’s motivation and entered a default judgment. Robey’ appeal herein followed. Issue: Whether the issue of personal jurisdiction may be raised by Robey in this appeal even though a default judgment was entered. Decision: Reverse the judgment of the Kenton Circuit Court and remand for the entry of an order dismissing Hinners's complaint. Reasoning:
Hinners argued that three of the nine provisions of KRS 454.210 authorized the extension of long-arm jurisdiction over Robey. Robey, situated in Missouri, advertised the vehicle for sale on eBay Hinners, in Kentucky, submitted the winning bid
Hinners traveled out-of-state to take possession of the vehicle Robey executed vehicle transfer documents to enable Hinners to obtain a Kentucky registration and title for the vehicle Robey, in his eBay listing and in oral statements to Hinners, misrepresented the condition of the vehicle The vehicle came to Kentucky covered by Robey's warranty, the one month/1000 mile “service agreement.” Robey:
In Burger King Corp. v. Rudzewicz case, the U.S. supreme held that formation of a contraction with a nonresident was not, standing along, sufficient to create jurisdiction. Placing the vehicle for auction on eBay did not alone create personal jurisdiction over Robey in Kentucky. Accepting the Application for Kentucky Certificate of Title/Registration did not create personal jurisdiction. The fact that Hinners took the...