Federal Court Case Against Foreign Car Manufacturer Dismissed

RRD partner Rob Laney, working with the client’s national counsel, recently obtained a dismissal of a products liability case pending in federal court against a foreign automobile manufacturer.

The plaintiff claimed to have been seriously injured in a high speed rollover accident that she claimed was caused by defective tires. She also claimed that the seat belt design was defective, which caused it to become unlatched during the accident and allowed her to be ejected from the vehicle.

The firm quickly moved to compel an examination of the vehicle, but the plaintiff had allowed it to be sold for salvage prior to instituting her lawsuit. She also failed to fully respond to the defendant’s written discovery requests.

The court agreed with RRD’s position that the plaintiff’s willful failure to fully comply with her discovery obligations warranted the imposition of a drastic sanction, and it dismissed the case against the vehicle manufacturer.