Carolyn McSwain was driving a vehicle owned by John Denham in New York City on November 5,

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Carolyn McSwain was driving a vehicle owned by John Denham in New York City on November 5, 1994. In the vehicle with McSwain were John Denham’s mother Ollie Denham and John’s child, Raesine. All the people in this vehicle were residents of Covington County, Mississippi. This vehicle was in a collision with a commuter van owned by Rockaway Commuter Line and driven by Sylvan Collard. Rockaway was a New York corporation with no significant contacts with Mississippi. As a result of this collision, McSwain and Raesine were injured, and Ollie Denham died. On November 4, 1997, John Denham sued McSwain, Rockaway, and Collard in Smith County, Mississippi for wrongfully causing the death of Ollie and for causing Raesine’s injuries. Denham sent process to Rockaway by certified mail in November of 1997. Rockaway waited almost twenty-one months before filing an answer to Rockaway’s complaint on August 27, 1999. The answer raised as a defense the lack of personal jurisdiction, improper service of process, and a motion for change of venue from Smith County to New York City. Rockaway’s motion to dismiss was denied by the trial court, but Rockaway’s petition for interlocutory appeal was granted by the Mississippi Supreme Court. Did Smith County have personal jurisdiction over Rockaway? Did Smith County waive its lack of personal jurisdiction defense by not filing its answer in a timely manner?

Corporation
A Corporation is a legal form of business that is separate from its owner. In other words, a corporation is a business or organization formed by a group of people, and its right and liabilities separate from those of the individuals involved. It may...
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