Insufficient Contact with California Releases Used Truck Seller from Liability

October 1, 2003

Richard C. Moreno and Gina E. Och successfully moved to quash service of summons for lack of personal jurisdiction in a products liability case involving a seller of used trucks in Minnesota. Plaintiff had sued the truck dealer for alleged defects in the framing of three used trucks purchased by plaintiff. The defense moved to dismiss the complaint based on the contention that the court could not exercise personal jurisdiction over defendant. Not only did Plaintiff purchase the trucks from a Minnesota company, but they were previously altered in Minnesota by another Minnesota company and the plaintiff came to Minnesota to pick up the trucks.

The defense argued that there were insufficient contacts between the defendant and California. Plaintiff argued that because defendant advertised nationally the court could exercise personal jurisdiction over this Minnesota company. The court granted the motion to quash in favor of the defense and dismissed the defendant from the action.