Quantum Group Avoids California Liability

April 1, 2004

Michael D. McEvoy, Sr. and Richard D. Newman successfully defended a California company that manufactures carbon monoxide detectors in a products liability case.

The Plaintiffs, three Canadian citizens, who were visiting the Indianapolis Motor speedway, died in their sleep from carbon monoxide (CO) poisoning inside their motor home. The police determined that the CO detector's battery had been removed. The Canadian company which leased the motor home to the victims told investigators that he thought the unit was hard wired, not battery operated.

Families of the three decedents filed wrongful death actions in California claiming that the motor home and CO unit were defectively designed. Both the motor home and the unit were designed in California. The defense filed a motion to stay the action on the grounds that California was an inconvenient forum and that the action should be prosecuted in Canada. Canada laws have provisions for negligence, but not strict liability. Plaintiffs vigorously opposed the motion stating that the sole issue was design defect and that all evidence of design occurred in California.

The defense argued prejudiced because the defense was unable to obtain indemnity against the Canadian lessor of the motor home, thus creating a risk of inconsistent verdicts. The court granted the defense motion and ordered that the action be permanently stayed so that plaintiffs could prosecute their action in Canada.