Rinauro
Rinauro v. Honda Motor Co.
Opinion
Opinion
Woods, J.
Applying Stangvik, v. Shiley Inc. (1991) 54 Cal.3d 744 [ 1 Cal.Rptr.2d 556 , 819 P.2d 14 ], the trial court dismissed the instant action on forum non conveniens grounds. We find no abuse of discretion and affirm the judgment of dismissal.
Background
Appellants (Frank Rinauro and his wife Jean) filed a tort complaint (negligence, strict liability, failure to warn, and loss of consortium) in a California court against two Japanese corporations (Honda Motor Co., Ltd. and Honda R & D Co., Ltd.) and two of their wholly owned subsidiaries, California corporations (American Honda Motor Co., Inc. and Honda R & D North America, Inc.). Defendants-respondents answered and thereafter moved to dismiss on the ground of forum non conveniens. (Code Civ. Proc., § 410.30.)
After considering the moving papers (including seven prospective witnesses’ declarations) and oral argument the trial court granted the motion.
The lawsuit is based on an allegedly defective Honda Fourtrax 250, a four-wheel all-terrain vehicle, which tipped over while appellant (Frank Rinauro) was riding it and injured him.
Appellants reside in Nevada, bought the vehicle (used) in Nevada, and the accident occurred…