Theunissen V. Matthews

Herman and Ann Theunissen, Plaintiff-Appellants in this personal injury suit, appeal the district court's dismissal of their action for lack of personal jurisdiction over Defendant-Appellee Sid Matthews, a Canadian lumber yard operator. On appeal, the Theunissens do not challenge the rules of law applied by the district court; indeed, they concede that the court accurately stated the substantive law governing the issue. Rather, they argue that in reaching its decision on the question of jurisdiction, the court below improperly decided disputed questions of fact based upon the affidavits alone. We agree, and for the reasons that follow we reverse and remand.