Martinez

Martinez v. Ford Motor Co.

Good Law
109 Cal. Rptr. 3d 873·185 Cal. App. 4th 9·2010 Cal. App. LEXIS 773
Court of Appeal of CaliforniaMay 27, 2010B214955California3,858 words

Opinion

Opinion

Rubin, J.

Two survivors and the heirs and estates of two decedents from a single-car crash in Mexico of a Ford Explorer that had been purchased in San Diego County appeal from the judgment dismissing their complaint for forum non conveniens. We reverse and remand for further proceedings.

FACTS AND PROCEEDINGS

Appellant Jose Mazon Martinez was driving a Ford Explorer in which appellant Jesus Manuel Ibarra Campos and decedent Andres Esparza Hernandez and his wife, decedent Georgina Isabel Ibarra Campos de Esparza, were passengers. In their complaint below, appellants alleged: “On or about February 9, 2006, at approximately 3:00 P.M., the decedents and the plaintiffs, JOSE MAZON MARTINEZ and JESUS MANUEL IBARRA CAMPOS were traveling in the SUBJECT VEHICLE, in Mexico, towards Churintzio, Michoacan, on the Mexico City-Nogales Highway, in the State of Michoacan.”

Their complaint further alleged that the tread on the Explorer’s defectively designed and manufactured right rear tire separated from the wheel, causing driver Martinez to lose control of the Explorer. According to the complaint, defects in the Explorer caused it to careen off the road and roll over, severely injuring driver…

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