Estate of Thomson v. Toyota Motor Corporation Worldwide

545 F.3d 357 (2008)

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Estate of Thomson v. Toyota Motor Corporation Worldwide

United States Court of Appeals for the Sixth Circuit
545 F.3d 357 (2008)

  • Written by Rose VanHofwegen, JD

Facts

After a deadly rental-car accident in South Africa, Dorothy Thomson’s estate and Thomson’s daughter, Colleen Miller (plaintiffs) sued Toyota Motor Corporation Worldwide (TMC) and Thrifty Rent-A-Car Systems, Inc. (Thrifty) (defendants) in Ohio federal court. Miller and Thomson had been passengers in a rented Toyota Condor with brakes that allegedly malfunctioned. The Condor was sold in South Africa but not the United States. The rental contract was with a South African entity and affiliates licensed to do business there using Thrifty’s name. Most of the evidence and witnesses were in South Africa, including those who sold, maintained, and rented the Condor, law enforcement who investigated the accident, and medical personnel who treated Thomson and Miller. Miller had returned to Ohio, where Thomson’s representatives lived, and continued treatment for her injuries there. The district court dismissed TMC for lack of personal jurisdiction and Thrifty on forum non conveniens grounds. Miller and Thomson’s estate appealed.

Rule of Law

Issue

Holding and Reasoning (Cohn, J.)

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