Litigation

Service Defective Even Though Plaintiff Used the Address on Defendant's Driver's License

By H. William Allen et al.

The Arkansas Supreme Court affirmed dismissal based on defective service in Brennan v. Wadlow, No. 06-1406 (1/10/08).

Brennan and Wadlow were involved in a car accident. On his driver's license, Wadlow uses the address of his father's business, although this is a separate address from Wadlow's residence. This was the address that appeared in the police report. Brennan filed suit and left the complaint with Wadlow's father at the business address. Wadlow's father said he would pass it on. After the statute of limitations had run, Brennan moved to dismiss for defective service, which the trial court granted.

In affirming, the supreme court again stated that parties must strictly comply with Rule 4 of the Arkansas Rules of Civil Procedure, which governs service. The rule requires that a person be served at his/her "dwelling house or usual place of abode." The rule does not provide an exception when a business address is listed on a driver's license.

Full post as published by Arkansas Business Litigation Blog on January 11, 2008 (boomark / email).