Myers v. The Boeing Company

115 Wn.2d 123 (2006)

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Myers v. The Boeing Company

Washington Supreme Court
115 Wn.2d 123 (2006)

Facts

The Boeing Company (Boeing) (defendant) manufactured an airplane that crashed in Japan. Most of the victims killed in the crash were Japanese nationals. The personal representatives of the estates of the Japanese nationals (plaintiffs) and the non-Japanese nationals (plaintiffs) filed lawsuits against Boeing. The actions were consolidated. After the trial court bifurcated the actions, Boeing admitted liability and motioned to dismiss on forum non conveniens grounds the damages cases brought on behalf of the Japanese victims. The trial court granted the motion but conditioned the dismissal on Boeing’s consent to jurisdiction in Japan, waiver of statute-of-limitations defenses, and admission of liability for compensatory damages. The trial court left open the possibility of the Japanese nationals’ cases returning to the trial court if the damages trial could not be handled expeditiously in Japan. The other actions brought on behalf of the non-Japanese nationals remained with the trial court. The Japanese nationals appealed.

Rule of Law

Issue

Holding and Reasoning (Durham, J.)

Concurrence (Utter, J.)

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