State ex rel. Ford Motor Co. v. Hon. David W. Nibert

Jack Garrett Ford, Inc. sold a Ford Expedition to an unidentified individual from a dealership located in West Virginia. The vehicle was manufactured and designed in Michigan by Ford Motor Company, which had its principal place of business in Michigan. The Expedition was later sold to a Michigan resident, who in turn sold it to Plaintiffs, also Michigan residents. After the Expedition rolled over multiple times, resulting in two children being killed, Plaintiffs filed a complaint in a West Virginia state court, asserting claims against Jack Garrett Ford and Ford. Defendants moved to dismiss the civil action based on the doctrine of forum non conveniens, arguing that Michigan was the correct forum for the litigation. The circuit court denied the motion to dismiss. Defendants then filed this petition for writ of prohibition asserting that the circuit court erred in its decision. The Supreme Court granted the writ as moulded, holding that the circuit court failed properly to evaluate Petitioners’ motion to dismiss in a manner that comported with W. Va. Code 56-1-1a. Remanded. View "State ex rel. Ford Motor Co. v. Hon. David W. Nibert" on Justia Law