Mitsubishi Motors Corp. v. Coleman

On April 25, 2002, Lisa Lopes was driving a Mitsubishi Pajero on a two-lane road in Honduras. Katrina Gibson, Sophia Gibson and Joy Lonon were passengers in the back seat of the vehicle. Lopes lost control of the Mitsubishi vehicle, which overturned and came to rest upside down on the side of the road. Lopes died as a result of the accident. On April 12, 2004, the Gibsons and Lonon filed a lawsuit in DeKalb County State Court against Wanda Lopes Colemon, Lopes’ mother and the administrator of her estate, seeking damages for injuries allegedly suffered in the accident. In October 2004, Colemon filed a wrongful death lawsuit against Mitsubishi Motors Corporation and Mitsubishi Motors North America, Inc., but she voluntarily dismissed that lawsuit on October 19, 2005. On April 18, 2006, Colemon filed a renewal action against Mitsubishi Motors Corporation, in the form of a third-party claim, in DeKalb County State Court.

Although Mitsubishi Motors Corporation hereafter, “Mitsubishi” had acknowledged service of the first complaint, it would not acknowledge service of the renewal action. So on May 1, 2006, Colemon moved the court to allow APS International to serve Mitsubishi in Japan, and she also mailed a copy of the complaint to Mitsubishi at a Japan address used in the original action. On May 3, the court authorized APS as a special process server. On June 8, 2006, Colemon learned that the address from the original action was incorrect. She filed an amended complaint with the correct address and, on June 23, 2006, mailed a copy to Mitsubishi at the corrected address, which Mitsubishi received on July 4, 2007. On September 12, 2006, APS also completed personal service on Mitsubishi in Japan.