Justia Products Liability Opinion Summaries
Articles Posted in Civil Procedure
In re Ford Motor Co. & Ken Stoepel Ford, Inc.
Saul Morales was fleeing from the police when one of the police officers left his Ford vehicle, then pursued and apprehended Morales. The officer’s vehicle began rolling backward toward the pair while the officer attempted to handcuff Morales. The vehicle ran over and came to rest on top of Morales, injuring him. Morales sued Ford Motor Company and the car’s seller (collectively, “Ford”), alleging that the vehicle had a design defect. After deposing two of Ford’s expert witnesses, Morales sought to depose a corporate representative of each expert’s employer to expose potential bias. The Supreme Court conditionally granted mandamus relief, holding that on the facts of this case, the Rules of Civil Procedure did not permit such discovery. View "In re Ford Motor Co. & Ken Stoepel Ford, Inc." on Justia Law
Carlson v. Allianz Versicherungs-Aktiengesellschaft
Appellants filed a products liability action against Daimler-Chrysler Corporation after they were involved in a rollover collision while driving their Chrysler PT Cruiser. Appellants later filed a complaint for declaratory relief against Allianz Versicherungs-Aktiengesellschaft (“Allianz”), an international insurance company that provided insurance to Chrysler, alleging that Allianz had a duty to defend Chrysler in the underlying action. The district court granted summary judgment for Allianz and dismissed the complaint. Twenty months later, Appellants filed a complaint to vacate the summary judgment. The district court sustained Allianz’s motion to dismiss the complaint. The Supreme Court affirmed, holding (1) the time for exercise of the district court’s inherent power to vacate its judgment had expired; (2) the district court lacked jurisdiction to vacate its judgment because Appellants did not properly serve Allianz; and (3) the district court did not err in invoking its equity jurisdiction to vacate where Appellants had an adequate remedy at law. View "Carlson v. Allianz Versicherungs-Aktiengesellschaft" on Justia Law