It was clear the defendants used discovery laws here in California to delay their motion to dismiss
Los Angeles, CA (Vocus) June 24, 2010
The California auto defects lawyers of BISNAR | CHASE (http://www.BestAttorney.com)] today announced they have won an appeal from the Superior Court of Los Angeles County in an auto defects case involving Ford Motor Company, Cooper Tire and Rubber Company, Leader Auto Sales of San Diego, California, and Power Tires, also of San Diego. The original case, filed in 2006 in San Diego County Superior Court, involves a 1995 Ford Explorer rollover accident that killed two occupants and seriously injured two others after the vehicle's tire lost its tread and came apart, causing the SUV to lose control and roll over. The appeal was granted on May 27, 2010 and the opinion has been certified for publication (case # JCCP-4292/GIC873813).
Ford Explorer Rollover Crash Kills Two, Seriously Injures Two Others
According to the lawsuit, in February 2006, four properly restrained occupants of a 1995 Ford Explorer were traveling in Mexico, towards Churintzio, Michoacan, on the Mexico City-Nogales Highway, in the state of Michoacan. The vehicle was traveling at highway speeds when the right rear tire lost its tread and came apart, causing the SUV to lose control and rollover. When it veered off the paved surface of the road and rolled over into the center dividing space, its roof crushed inward, severely injuring two occupants and killing two others.
The lawsuit claims the 1995 Ford Explorer was wrought with a variety of defects, including unsafe tires that were prone to tread separation, defective A and B pillars/windshield headers and roof rails that lacked sufficient strength and structural integrity to withstand roof crushing forces. In addition, the lawsuit alleges the vehicle had insufficient directional and lateral roll stability, defective seat belts, car seat defects, and faulty window systems that allowed occupants to be ejected and lacerated during the rollover accident sequence.
The lawsuit was brought against the defendants by Jose Mazon Martinez and Jesus Manuel Ibarra Campos, survivors of the crash, and family members of Georgina Isabel Ibarra Campos De Esparza and Andres Esparza Hernandez. Both sustained fatal injuries in the vehicle crash resulting in wrongful death claims.
Ford Lawsuit Dismissed in California, BISNAR | CHASE Appeals
In February 2007, the defendants moved to have their case dismissed in California and relocated to Mexico, arguing the crash occurred in Mexico and involved residents who lived there, making Mexico the most appropriate forum in which to try the case. The motion to dismiss the case in California -- also known as "forum non conveniens" (or "inappropriate forum") -- was granted by the trial court and the case was subsequently dismissed in California.
On appeal, BISNAR | CHASE argued the defendants took advantage of California discovery laws to delay their motion to dismiss by obtaining information that went far beyond the issues of whether California or Mexico was an appropriate forum to try the case and actually sought information that would not have been discoverable under Mexican law. What's more, court documents reveal much of the information requested by the defendants was irrelevant in determining whether or not the case should be dismissed in California and moved to Mexico, which delayed the judicial process even further.
"It was clear the defendants used discovery laws here in California to delay their motion to dismiss," said Brian Chase, senior partner at BISNAR | CHASE Los Angeles Personal Injury Lawyers. "What's more, much of the information they requested from our clients had absolutely nothing to do with determining the most appropriate forum in which to try the case."
On May 27, 2010, the appellate court reversed the trial court's decision, denying the defendants' motion to dismiss. The plaintiffs were awarded their court costs on appeal and further proceedings have been ordered in this case.
"The appellate court made the right decision here," said Chase. "This is a classic example of the defendants wanting their cake and eating it too. They can't take advantage of California law for their benefit, and then argue the California legal system is an inappropriate forum. I'm glad the court of appeal agreed."
About BISNAR | CHASE
Top-rated BISNAR | CHASE Personal Injury Attorneys have won hundreds of millions of dollars for over 6,000 clients who have been very seriously injured or lost a family member due to an accident, defective product or negligence throughout California. The law firm has won a wide variety of auto defect cases against most of the major auto manufacturers, including Ford, General Motors, Toyota, Nissan and Chrysler. Get a complimentary copy of Still Unsafe at Any Speed: Auto Defects that Cause Wrongful Deaths and Catastrophic Injuries. For more information, visit http://www.AutoProductliabilityLawyers.com and http://www.ProductDefectNewsandAdviceBlog.com.