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Wolf v. Boeing Co.5/20/1991
Bruce Wolf, as personal representative and special administrator for the estates and survivors of David Chavez, et al., brought this suit against the Boeing Company on behalf of the survivors of passengers killed in the crash of a Boeing 727 in Mexico. Following the trial court's dismissal of his action on the grounds of forum non conveniens, Wolf appeals. We affirm.
Facts
On March 31, 1986, a Boeing 727 (B-727) operated by Mexicana Airlines (Mexicana) crashed in a mountainous region of Mexico while en route from Mexico City to Puerto Vallarta, Mexico. All 167 passengers and crew were killed in the accident, making it the worst aviation disaster in Mexican history.
The accident was investigated by the Direccion General de Aeronautica Civil (DGAC), a Mexican governmental agency with headquarters in Mexico City. At the request of DGAC, Boeing employees assisted in the investigation of the accident, examining pieces of the aircraft found in its flight path and at the crash site. The aircraft pieces were later returned to the DGAC.
The investigation revealed that the brake of the outboard wheel on the left main landing gear had fused internally. This fusion indicated that the brake and wheel assembly had been exposed to extreme heat, such as that which would occur if hydraulic pressure had been applied to the brake, causing the brake to "drag" while the aircraft taxied and took off. This "brake drag" was believed to have been caused by an internal leak in a hydraulic unit, or "deboost valve". Maintenance records indicated that the hydraulic unit had been installed on the aircraft after its overhaul in Mexico. Mexicana had also been filling its aircraft tires with dry air, contrary to Boeing recommendations to use nitrogen due to safety concerns. The crash was determined
to have been caused by a tire explosion on the landing gear that broke fuel and hydraulic lines, causing a fire that weakened the fuselage and ultimately resulted in the loss of the tail section of the airplane.
The B-727 aircraft involved in this accident was designed, manufactured, tested, inspected, sold and delivered by defendant Boeing within the state of Washington. The Boeing Company is incorporated in the state of Delaware and has its principal place of business in Washington state. In addition to Boeing, five other defendants are named in this suit. For simplicity, the collective defendants will be referred to simply as "Boeing".
In November 1989, Wolf brought this suit in the Superior Court of Washington for King County, seeking damages from Boeing for wrongful death and personal injuries as a result of the crash. Wolf subsequently moved for partial summary judgment declaring Washington to be a convenient forum for trial, and Boeing responded with a motion to dismiss on grounds of forum non conveniens. By letter dated December 19, 1989, the trial judge informed the parties of his ruling to dismiss the action on grounds of
forum non conveniens as Mexico was the proper forum for this action. After Wolf's motion for reconsideration was denied, he presented a proposed judgment of dismissal on grounds of forum non conveniens to the court. Following limited modifications, the judgment was entered. The judgment of dismissal required Boeing to submit to jurisdiction in the proper Mexican forum and to waive, for a period of 120 days, any mature statute of limitations defense available under Mexican law. Boeing was also required to make available to Wolf in the Mexican proceeding all witnesses under its control.
This appeal timely followed.
Forum Non Conveniens
Under the doctrine of forum non
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