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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Strafford No. 2007-243 NANCY CHICK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF DAVID CHICK v. C & F ENTERPRISES, LLC & a. Argued: October 18, 2007 Opinion Issued: December 14, 2007 Burns, Bryant, Cox, Rockefeller & Durkin, P.A., of Dover (Sabrina C. Beavens and Paul R. Cox on the brief, and Ms. Beavens orally), for the plaintiff. Desmarais, Ewing & Johnston, PLLC, of Manchester (Heather G. Silverstein and Emily M. Doherty on the brief, and Ms. Silverstein orally), for defendant C & F Enterprises, LLC. BRODERICK, C.J. Defendant C & F Enterprises, LLC (C & F) appeals an order of the Superior Court (Houran, J.) denying its motion to dismiss for lack of personal jurisdiction. We affirm and remand. The record supports the following facts. On March 22, 2005, the plaintiff's husband, David Chick, and defendant Gregory Combs were involved in a motor vehicle accident in Lebanon, Maine. Chick was transported from the accident scene to Frisbee Memorial Hospital in Rochester, where he later

passed away. At the time of the accident, Combs was driving a commercial vehicle owned by C & F. The plaintiff, Nancy Chick, subsequently brought suit in superior court against both Combs and C & F, alleging that Combs' negligence caused her husband's death. C & F is a New York corporation, engaged in the interstate transport of cars and utility trailers, with a principal place of business in New York. While C & F has never owned property or maintained a business office in New Hampshire, the company made deliveries to various locations in this state during 2005 and 2006. C & F drivers also passed through New Hampshire en route to Maine delivery points on several occasions during that time period. Given its use of this state's highways, C & F has designated an agent for service of process in New Hampshire to comply with the federal Motor Carrier Act. See 49 U.S.C.A.

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