Yuma tire lawsuit OK'd for Arizona

PHOENIX — A Yuma resident involved in an accident in Mexico can sue the tire company in this state, the Arizona Court of Appeals has ruled.

The judges rejected arguments by attorneys for Continental Tire North America that her lawsuit claiming their product was defective had to be argued where the accident occurred. They said a variety of factors, ranging from the wishes of the plaintiff in the case to the interests of Arizona in the outcome, weigh in favor of allowing the lawsuit to be brought here.

According to court records, Maria Pozo Parra, a Mexican citizen who resides in Yuma County, was driving her vehicle in Sonora when she said the tread on one of her tires separated. She lost control of the vehicle, which left the roadway and rolled.

Her mother and one of her daughters died in the mishap. Pozo Parra and three other passengers were ejected and injured.

She filed a product liability suit on her own behalf and for other passengers against the manufacturer and the dealer who sold her the tire.

Continental, on behalf of itself and the dealership, argued the suit's connection with Arizona was "tenuous'' and Sonora was a more convenient forum. The defendants also offered to subject themselves to the jurisdiction of Mexican courts and waive any statute of limitations arguments.

Maricopa County Superior Court Judge Sam Myers sided with them, tossing the case.

But appellate Judge Diane Johnsen, writing for the unanimous court, said that was a mistake. She said the issue goes beyond the convenience of the defendant and must balance all interests.

More to the point, Johnsen said the arguments of Continental were not strong enough to overcome the general principle in Arizona law that the plaintiffs are entitled to choose where to pursue their claims.

The judge acknowledged the argument that some of the witnesses are in Mexico, notably the police who examined the accident scene and the medical personnel who treated the injuries.

"But these individuals did not see the accident happen,'' Johnsen said. In fact, she noted, the only actual witnesses are the victims themselves.

And she said the defendants have copies of the translated accident and medical reports. Johnsen also said an international treaty allows Continental to take statements from the Mexican nationals in their country.

"On the other hand, the tire (dealer) is located in Arizona and the witnesses whose testimony is likely to be more material to the key issues in the case — plaintiffs and the multitude of witnesses, lay and expert, who will testify about the design and manufacture of the tire — presumably would be available to testify in person in an Arizona court,'' Johnsen said.

She also said if the case were tried in Mexico, the parties would bear the cost of translating the testimony and documents into Spanish.

Johnsen also brushed aside arguments by defendants that having the trial in Sonora would present an opportunity to view the location.

"They do not contend, however, that anything about the roadway caused the accident,'' the judge said. "The record discloses, moreover, that defendants retained an investigator who already has photographed and studied the accident site.''

Beyond that, Johnsen said Arizona has a "significant interest'' in the outcome of the case.

"The tire at issue was sold in Arizona to an Arizona resident,'' she said. "The accident killed a United States citizen and injured another and also injured a Mexican citizen residing in Arizona.''