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Ford Motor Co. v. Villanueva

In this forum dispute, the MDL court abused its discretion when it it issued an order that in effect allowed appellees to introduce any and all evidence they wanted to introduce, unencumbered by the possibility that the evidence was objectionable and not admissible, meaning that appellants were not allowed to object on any grounds. Eastland Court of Appeals, Dec. 3, 2009, No. 11-08-00030-CV

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OPINION

Nadia Alejandra Sanchez Villanueva bought a used 1996 Ford Explorer in Mexico. Villanueva and some other citizens of Mexico decided to take the Explorer on a trip from Monterrey, Mexico, to Nuevo Laredo, located in the Mexican State of Tamaulipas. During the trip, the vehicle rolled over. Some of the eleven occupants of the vehicle were killed, and others were injured.

The Mexican Federal Highway Patrol found that speed, overloading, and driving with tires that were in bad condition were all factors that contributed to the accident. Alleging, among other things, that the right rear tire on the vehicle separated and caused the accident, the appellees brought suit against appellants in the State of Tennessee. Because Mexico was the appropriate forum, that lawsuit was dismissed by the trial court under the doctrine of forum non conveniens and in accordance with a decision by the Tennessee Court of Appeals regarding this and other like claims.

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