Civil Procedure Keyed to Yeazell
Goodyear Dunlop Tires Operations, S.A. v. Brown
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Two American boys were killed in a bus accident in France as the result, so the parents (P) claimed, of a defective tire manufactured at the Turkish subsidiary of Goodyear Tire and Rubber Company (D). The parents (P) sued Goodyear USA (D) and three of its subsidiaries (D) in Turkey, Luxembourg and France. Goodyear USA (D) is based in North Carolina but the subsidiaries (D) have no direct connection with the state as they have no place of business in North Carolina, no accounts in any bank in the state, nor do they employ any one in North Carolina. They also do not run or manage any advertising there nor do direct business there. Some of their products reach the distribution network through other Goodyear subsidiaries and are sold here. Thus the subsidiaries (D) claimed that the state of North Carolina had no personal jurisdiction in the case, and moved for dismissal of the case on this ground. This was denied by the trial court, and the decision was affirmed by the state Court of Appeals on the basis that the general jurisdiction of the court over the subsidiaries (D) existed because their products were distributed in the state through the stream of commerce.
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