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PERSONAL INJURY

REPRESENTATIVE CASES

  • In this tort action arising out of a fatal rollover tour bus accident in Arizona, the parties initially included plaintiffs from China and defendants from both Indiana and California. Plaintiffs alleged causes of action for wrongful death, negligence, strict products liability, loss of consortium, and negligent infliction of emotional distress. Asked to decide which jurisdiction's law applied to the case, the trial court conducted the governmental interest test and concluded that Indiana law governed. Before trial, however, the plaintiffs accepted a settlement offer from the Indiana manufacturer of the tour bus and dismissed that defendant from the case. Review was granted to determine if the trial court should have reconsidered the previous choice of law ruling after that Indiana defendant was no longer a party.

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