Rookard v. Mexicoach

680 F.2d 1257 David ROOKARD and Fiona Rookard, individually, and as husband and wife, Plaintiffs-Appellants, v. MEXICOACH, a California Corporation; Transportes Del Pacifico S. A. de C. V.; Autotransportes Tres Estrellas De Oro, Defendants-Appellees. No. 79-3592. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1982. Decided July 6, 1982. As Amended July 28, 1982. 1 Gary L. Stuart, Jennings, Strouss & Salmon, Phoenix, Ariz., for plaintiffs-appellants. 2 J. Tim Konold, Higgs, Fletcher & Mack, San Diego, Cal., for defendants-appellees. 3 Appeal from the United States District Court for the Southern District of California. 4 Before BROWNING and FERGUSON, Circuit Judges, and WILLIAMS * , District Judge. SPENCER WILLIAMS, District Judge: 5 David and Fiona Rookard appeal from a district court order granting summary judgment for defendant-appellee Mexicoach in Appellants' action to recover for personal injuries sustained in a catastrophic autobus accident which killed thirty persons, injured scores more, in Mexico on March 21, 1978. Appellants seek recovery as well against the two Mexican bus companies involved in that crash based on a default judgment…