Rick Pinto and Aerin Hickey were victorious this week before the North Carolina Court of Appeals in the case of Brown v. Take 5 LLC, Case No. COA25-497. The case arose out of an alleged failed oil change resulting in an engine failure. Plaintiff filed a lawsuit against certain entities it believed might have been the proper parties. Rick and Aerin, on behalf of Defendants, contended that Plaintiff had sued the wrong parties, and therefore the Court lacked personal jurisdiction over the matter. Defendants went so far as to tell Plaintiff who the proper defendant was. Plaintiff refused Defendants’ (and the Trial Court’s) offer to allow Plaintiff to amend and substitute parties.  

The Trial Court dismissed Plaintiff’s case for lack of personal jurisdiction, and Plaintiff appealed. The Court of Appeals agreed with Rick and Aerin, affirming the Trial Court’s dismissal.

A practical lesson from this case (that is not reflected in the appellate decision): Take a good settlement offer if one is made!