Legal Opinion

Lisby v. PACCAR, Inc.

Court of Appeals of Washington

Decided December 23, 2013No. 69008-6-IPublished

1Opinion of the CourtBecker, J.

¶1 A Washington trial court that dismisses an action on the ground that another state is a more convenient forum may not require the defendant to stipulate that Washington’s statute of repose will govern the case. Deciding what state’s statute of repose will apply to the action is a choice of law issue that does not determine the adequacy or convenience of the alternative forum. We reverse.

FACTS

¶2 Clayton Lisby was killed in a rollover accident at his workplace in Fort Worth, Texas, in January 2011. The truck he was driving was designed in Washington by engineers of the Kenworth Truck…

2Cases cited16 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
  3. Carijano v. Occidental Petroleum Corp.Court of Appeals for the Ninth Circuit · 2011
  4. Johnson v. Spider Staging Corp.Washington Supreme Court · 1976
  5. Rice v. Dow Chemical Co.Washington Supreme Court · 1994

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