Gonzales-Servin v. Ford Motor Co.

Federal 7th Circuit Court
Civil Court
Appellate Procedure
Citation
Case Number: 
No. 11-1665
Decision Date: 
November 23, 2011
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
Dist. Ct. did not err in granting defendant's forum non conveniens motion so as to transfer to court in Mexico instant product liability action alleging injuries arising out of defectively manufactured tires that were installed on defendant's vehicle. Ct. further noted that circumstances of instant transfer request were present in 2009 Seventh Circuit case of Abad v. Bayer Corp., 563 F3d 663, and criticized plaintiff's counsel for having failed to either mention or distinguish Abad case once counsel had become aware of its existence. Ct. also observed that appellate counsel may not simply ignore controlling precedent in effort to prevail on appeal.