Facts

On Jan. 28, 2016, Maurillo Rojas was working as a spotter at a construction site when he was crushed by a steamroller manufactured by Hamm. Rojas sustained fatal injuries.

Decedent's wife, Rosa Rojas,and three surviving children Jessica Rojas, Ricardo Rojas, and Osvaldo Rojas, filed suit against Hamm AG, Wirtgen America Inc., and Sunbelt Rentals Inc.

PLAINTIFFS' CONTENTIONS: Plaintiffs asserted causes of action for strict product liability, negligence, negligent failure to warn or instruct, negligent bailment, wrongful death, negligent hiring, training and supervision, and a survival cause of action against defendants. As to Hamm, a German corporation, plaintiffs contended Hamm purposefully directed its activities to California through a regular plan for distribution of its products aimed at selling products in California, and placing products into the stream of commerce with the expectation they would be purchased in California. Plaintiffs alleged that Hamm's website directing visitors to Wirtgen America, and Hamm's shipment of products directly to California, established continuous availment toward California markets. Alternatively, plaintiffs claimed Hamm was the alter ego of Wirtgen America, so Wirtgen America's California contacts may be imputed to Hamm.

DEFENDANTS' CONTENTIONS: Hamm denied the allegations and filed a motion to dismiss for lack of personal jurisdiction.

Result

The court granted Hamm's motion to dismiss for lack of personal jurisdiction. The court concluded that Hamm produced evidence establishing lack of presence or advertisements in California, less than 1 percent of its products were shipped to California, its website was passive, and it included Proposition 65 warnings in its manuals for all English speaking countries, so Hamm did not purposefully avail itself of California. The court also concluded there was not a direct nexus between plaintiffs' injuries and Hamm's California contacts. Lastly, the court found there was no alter ego relationship between Hamm and Wirtgen America, since two independent legal entities doing business under a global organization of member firms was insufficient to establish such a relationship.

Other Information

Both Wirtgen America and Sunbelt Rentals remain active defendants in this action.