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Mukoda v. The Boeing Co.

Tokyo District Court
Hanrei Times (No. 604) 138 (1986)

Written by David Bloom, JD

Facts

Mukoda Kuniko (Mukoda), a passenger on an airplane operated by Far Eastern Air Transport (FEAT), died when the airplane crashed in Taiwan. The Boeing Company (Boeing) (defendant), an American company, manufactured the airplane. United Airlines, Inc. (United) (defendant), an American company with a business office in Japan, had sold the airplane to FEAT. Boeing and United were initially sued in the United States by families of other victims. The United States court dismissed that lawsuit on the ground that Taiwan was the more convenient forum because most of the important items of evidence and witnesses were located in Taiwan. The United States court also relied on expert testimony that a Taiwanese court had jurisdiction over the matter. Boeing and United waived statute-of-limitations and jurisdiction defenses in Taiwan. Mukoda’s successors (plaintiffs) sued Boeing and United in Japan, claiming that the airplane crash had been caused by Boeing’s manufacturing and design defects and by United’s failure to correct or warn FEAT about the defects. Boeing and United denied liability. Boeing and United motioned to dismiss the action, arguing that the Japanese court should decline to exercise jurisdiction on forum non conveniens grounds.

Rule of Law

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Issue

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Holding and Reasoning (Yazaki, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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