In re Bridgestone Americas Tire Operations, LLC

Two nonresident minors filed suit against Bridgestone Americas Tire Operations, LLC, the manufacturer of an allegedly defective tire that failed, causing a rollover that killed the children’s parents. The minors sued by a next friend - their uncle - who was a Texas resident. The residents resided in Mexico with their grandparents, who became the children’s legal guardians. Bridgestone filed a motion to dismiss for forum non conveniens, asserting that the case belonged in Mexico, not Texas. The trial court denied the motion. Bridgestone petitioned for writ of mandamus in the court of appeals. The court denied relief, concluding that because the next-friend was a Texas resident the case may not be dismissed on forum-non-conveniens grounds. Bridgestone subsequently sought mandamus relief in the Supreme Court. The Supreme Court conditionally granted Bridgestone’s petition for writ of mandamus and ordered the trial court to dismiss the action, holding (1) Texas law allows minors to sue by next friend when they have a legal guardian who is not authorized to sue in Texas in that capacity; (2) a next friend is not a plaintiff for purposes of the forum-non-conveniens statute’s Texas-resident exception; and (3) therefore, this case must be dismissed as a matter of law. View "In re Bridgestone Americas Tire Operations, LLC" on Justia Law