Nguyen
Nguyen v. Southwest Leasing & Rental, Inc.
Opinion
Lead Opinion
Thomas, J.
In this case, we must decide if, and to what extent, oral notice of entry of judgment constitutes “notice” within the meaning of Federal Rule of Appellate Procedure 4(a)(6). Under the circumstances presented by this case, we conclude that the oral notice given was insufficient to commence the rule’s fourteen-day time period. Thus, we conclude we have appellate jurisdiction over the instant appeal, which we affirm on the merits.
I
Thanh Quoc Nguyen, Loi Pham, and Hien Van Tieu (collectively, “Plaintiffs”) were severely injured when the tread from the rear tire of their rented Toyota Corolla “peeled” off, causing the car to skid into the median and roll over several times. Plaintiffs sued the manufacturer of the tire, Yokohama Rubber Company, Ltd. of Japan, and the manufacturer’s southern *1063 California retailer, Yokohama Tire Corporation (collectively, “Yokohama”). Plaintiffs also sued the owner of the car and the rental car agency. The latter two defendants faked to defend, and their defaults were entered. After a five-day bifurcated trial limited to liability, the jury returned a verdict in favor of Yokohama. Plaintiffs appeal.