Raul Hernandez died of malignant mesothelioma after a forty-year career as an automobile mechanic. When his survivors sued for compensation from the companies that exposed him to asbestos, two of them filed motions to quash the service of summonses to them, arguing that the California courts lacked personal jurisdiction over them as foreign companies that did not purposefully avail themselves of the California market. Though the trial court agreed with the companies, that decision was overturned by the state’s Court of Appeals.
Volkswagen Germany and Japanese Brake Company to Be Served in Mesothelioma Case
According to the original claim filed by the victim’s widow and adult children, Mr. Hernandez died of malignant mesothelioma after spending time working on Volkswagen cars at California Volkswagen dealerships between 1969 and 1976 and on Toyota vehicles incorporating Akebono Brake Co., Ltd. asbestos-containing friction components at a Toyota dealership from 1977 to 2009. His family filed a California complaint accusing companies and others of strict product liability, negligence, and fraud.
Both companies argued that they were not registered to do business and never maintained a principal place of business in California. Both were successful with those assertions in the trial court, but when the family filed an appeal of the decisions, the Court of Appeals overturned those decisions. The court noted that California law allows the exercise of personal jurisdiction where the defendants have “such minimum contacts with the state that the assertion of jurisdiction ‘does not offend traditional notions of fair play and substantial justice.’”
Appellate Judges Rule in Favor of Mesothelioma Victims
In both the case against Volkswagen Germany (VWAG) and Akebono Brake, the appellate court ruled that the companies had purposefully availed themselves of the California market through their contractual obligations created by their importer agreements or their subsidiaries. They concluded that exercising jurisdiction over the companies would not be unreasonable and that the companies should have reasonably anticipated being required to defend themselves in California courts.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
