Langowski v. Altendorf

Summary

The North Dakota Supreme Court affirmed summary judgment dismissing Kara Lynn Langowski’s negligence action against Charleen Altendorf. The court held that service by mail under N.D.R.Civ.P. 4(d)(2)(A)(v) is complete upon actual delivery or refusal, not mailing, and therefore Langowski failed to commence the action within the applicable six-year statute of limitations.

Holdings

1. Service by mail or third-party commercial delivery under N.D.R.Civ.P. 4(d)(2)(A)(v) is complete upon actual delivery to, or refusal of delivery by, the defendant, not when the summons and complaint are placed in the mail.
2. Langowski did not commence her negligence action within the six-year statute of limitations because she did not deliver the summons and complaint to Altendorf by August 23, 2010, the limitations expiration date.
3. Affixing the summons and complaint to Altendorf's door did not constitute valid service under N.D.R.Civ.P. 4(d)(2)(A), even though Altendorf discovered the documents on the limitations expiration date.

Questions Presented

1. Whether service under N.D.R.Civ.P. 4(d)(2)(A)(v) is complete when a summons and complaint are mailed or only when they are actually delivered to or refused by the defendant.
2. Whether Langowski commenced her negligence action within the six-year statute of limitations.
3. Whether affixing the summons and complaint to Altendorf's residence constituted valid service and conferred personal jurisdiction.

Disposition

affirmed