Auffret v. Capitales Tours
In 2009 a bus carrying 34 French tourists and their guide overturned, killing four (plus the driver) and injuring many others. Plaintiffs sued multiple defendants for negligence, wrongful death, and related causes of action, along with a claim of strict liability under the French Code of Tourism. After two years of discovery and settlements with some of the defendants, the remaining three defendants sought a stay or dismissal under the doctrine of forum non conveniens, on the ground that France was a more suitable forum to try the plaintiffs' claims. The trial court stayed the action pending acceptance of jurisdiction by a French court.
On appeal, plaintiffs contend that the court's ruling was erroneous because the public and private interest factors compelled retention of the case in California, where the accident occurred and where the victims received medical treatment by emergency and hospital personnel. After considering the suitability of France as an alternative forum and reviewing the trial court's balancing of the requisite facts, we find no abuse of discretion and therefore must affirm the order.
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