Thursday, December 22, 2011

C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski

SHERRI M. OKAMOTO - Metropolitan News-Enterprise - December 22, 2011

A Canadian corporation cannot be sued in this state for injuries caused by an exploding jet ski on the California side of Lake Havasu, the Court of Appeal for this district has ruled.

Div. One yesterday ordered published its Nov. 30 decision holding that the placement of a product into the stream of commerce in a foreign country, with the knowledge that it may be swept into California, is not enough to subject a defendant to personal jurisdiction here.

The defendant, Dow Chemical Canada ULC, was the successor-in-interest to the Canadian corporation which had manufactured the allegedly defective fuel tank for the Sea-Doo GSX watercraft which blew up in August 2008. The nine plaintiffs, all California residents, alleged that they were injured as a result.

After being served with the complaint, Dow appeared specially and moved to quash service of the summons on the ground that it lacked the requisite minimum contacts with California to justify the state’s assertion of personal jurisdiction.

Read the rest of the story here:

C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski

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