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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND AARON LOCKLEAR v. BERGMAN & BEVING AB, ET AL. * ***** OPINION * * * *

Civil No. JFM-02-4087

On December 20, 1999, Aaron Locklear was seriously injured in an industrial accident. His right hand was "degloved" when it became caught in a metal fabrication machine he was operating during the course of his employment at Maryland Plastics, Inc. in Aberdeen, Maryland. He has brought this action against Luna AB ("Luna"), a Swedish corporation that he alleges manufactured the machine, and Bergman & Beving AB ("Bergman"), another Swedish corporation that he alleges is the parent of Luna. Defendants have filed motions to dismiss on the grounds that the action is time barred and that they are not subject to personal jurisdiction in Maryland. Finding that the action is time barred, I do not reach the jurisdictional question. I. Plaintiff filed his original complaint in this court on December 17, 2002. Based on a label found stamped on the metal fabrication machine, Plaintiff named as defendants (a) Hassleholms Mekanisk AB ("Hassleholms"), (b) a Hassleholms Wire Roller Machine identified by serial number, and (c) as "John Doe" defendants, the unknown seller, distributor, and importer of the machine. Plaintiff did not serve the originally named defendants within the 120-day period required by

Fed. R. Civ. P. 4(m). On April 30, 2003, I entered an order pursuant to Rule 4(m) directing Plaintiff to effect service on or before September 17, 2003. On September 4, 2003, Plaintiff filed a motion requesting a further nine months in which to effect service. In the motion Plaintiff indicated he had discovered that the actual manufacturer of the machine in question was not Hassleholms but another Swedish company. I granted the motion on September 8, 2003, giving Plaintiff nine months in which to effect service and requesting that an amended complaint be filed on or before October 10, 2003. On October 9, 2003, Plaintiff filed his amended complaint, naming Luna and Bergman as defendants for the first time. He also altered the "John Doe" Defendants to encompass the unknown seller, distributor, and importer of a Luna Wire Roller Machine identified by the same serial number used in the original complaint.1 Plaintiff's first contact with Defendants came via email messages sent to corporate officers for Luna and Bergman on or about February 20, 2004. According to affidavits submitted by Defendants, which are undisputed by Plaintiff, these emails were the first time that Defendants heard about the case. On March 26, 2004, summonses were issued for Luna and Bergman. Process was effected on them on April 28, 2004. II. Maryland's three-year statute of limitations applies to this case. Md. Code Ann., Cts. & Jud.

The records available to Defendants indicate that a now-defunct entity called MekanLuna AB manufactured machines of the type and serial number mentioned in the complaint. Three machines of this type apparently were sold to Hassleholms in 1982. This may explain why the name Hassleholms appeared on the machine in question. 2

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Proc.

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