World-Wide Volkswagen Corp. v. Woodson case brief summary
585 P.2d 351 (Okla. 1978)
CASE FACTS
The gasoline tank of an automobile ruptured when the car was struck in the rear. The injured parties brought suit against petitioners and the manufacturer and importer of the automobile. Petitioners sought a writ of prohibition to prevent the trial judge from exercising jurisdiction over them.
DISCUSSION
CONCLUSION
The court assume original jurisdiction, found that the trial judge had the power to exercise personal jurisdiction over petitioners, and refused to issue a writ of prohibition.
Recommended Supplements for Civil Procedure
585 P.2d 351 (Okla. 1978)
CASE SYNOPSIS
Petitioners, distributor and dealer,
asked the court to assume original jurisdiction and issue a writ of
prohibition to prevent respondent trial judge from exercising
personal jurisdiction over the out-of-state petitioners.CASE FACTS
The gasoline tank of an automobile ruptured when the car was struck in the rear. The injured parties brought suit against petitioners and the manufacturer and importer of the automobile. Petitioners sought a writ of prohibition to prevent the trial judge from exercising jurisdiction over them.
DISCUSSION
- The court denied the writ.
- While it was true that the alleged acts or omissions of the petitioners that allegedly caused tortious injury in Oklahoma, none of petitioners' acts or omissions alleged took place in the state.
- However, the product sold and distributed by petitioners was, by its design and purpose, so mobile that petitioners could foresee its possible use in Oklahoma.
- Further, the evidence presented below demonstrated that goods sold and distributed by the petitioners were used in the Oklahoma and that the petitioners derived substantial income from automobiles that from time to time were used in the Oklahoma.
- As such, the trial judge had the power to exercise personal jurisdiction over petitioners.
CONCLUSION
The court assume original jurisdiction, found that the trial judge had the power to exercise personal jurisdiction over petitioners, and refused to issue a writ of prohibition.
Recommended Supplements for Civil Procedure
No comments:
Post a Comment