California Court of Appeal

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Martinez v. Ford Motor Co., B214955

In an action for strict and negligent product liability, brought by two survivors and the heirs and estates of two decedents from a car crash in Mexico of a Ford vehicle that had been purchased in San Diego, trial court's dismissal of the complaint for forum non conveniens is reversed and remanded as defendants used a California court for discovery they could not have obtained in Mexico to get evidence unrelated to their forum non conveniens motion, and having availed themselves of the advantages of California courts to the prejudice of plaintiffs, defendants cannot now be heard to say the state's courts are inconvenient.

Appellate Information

  • Decided 05/27/2010
  • Published 05/27/2010

Judges

  • RUBIN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bisnar & Chase, Brian D. Chase and John V. Bell, for Plaintiffs and Appellants.

  • For Appellees:
  • Yoka & Smith, Walter M. Yoka, David T. McCann and Elizabeth A. Kurtz, for Defendant and Respondent Cooper Tire & Rubber Company., Snell & Wilmer, Robert J. Gibson, Richard A. Derevan, Brendan M. Ford, Jessica Charles, and Jill P. McDonell, for Defendant and Respondent Ford Motor Company.
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