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Ortega v. Yokohama Corporation of North America
Delaware Superior Court
2010 WL 1534044
Nelson Flores Hernandez was killed while driving in the Mexican state of Michoacán. Hernandez was a resident of Estado de Mexico, a state within Mexico. Azucena Gomez Ortega (plaintiff), the personal representative of Hernandez’s estate and also a resident of Estado de Mexico, claimed that one of Hernandez’s tires failed. Ortega filed claims for strict liability and negligent design, testing, manufacture, and marketing against Yokohama Corporation of North America (YCNA), a Delaware corporation with its principal place of business in California, and Yokohama Tire Corporation (YTC), incorporated and headquartered in California (collectively Yokohama) (defendant), the tire manufacturer, in Delaware state court. Hernandez’s tire was designed and manufactured in Virginia and tested in Ohio. Yokohama filed a choice-of-law motion, arguing that the law of Michoacán or California should apply. Mexican law significantly limited damages for wrongful death and did not allow a survival cause of action.
Rule of Law
Holding and Reasoning (Jurden, J.)
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