CORDIS CORPORATION
v.
NICOLE WILLIAMS, ETC.
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Cordis Corporation, a Florida corporation, appealed a trial court's denial of its motion to dismiss a product liability suit on grounds of forum non conveniens. Nicole Williams, a Maryland resident, sued Cordis on behalf of herself and as representative of her deceased husband's estate, alleging that defects in Cordis's IVC Filter caused his injuries and death. The appellate court affirmed the trial court's denial of the motion to dismiss.
The trial court did not abuse its discretion in denying Cordis's motion to dismiss on the ground of forum non conveniens. The appellate court affirmed the trial court's order after reviewing the trial court's analysis of the applicable forum non conveniens factors.
[1] The decision to grant or deny a forum non conveniens motion rests within the sound discretion of the trial court, and such a decision will not be reversed absent an abuse…
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Join FLexlaw to unlock all legal intelligenceNicole Williams, a Maryland citizen and resident, brought a product liability action against Cordis Corporation, a Florida corporation with offices in…
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Opinion filed July 14, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D20-1672 Lower Tribunal No. 18-24655 ________________
Cordis Corporation,
Appellant,
vs.
Nicole Williams, etc., Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Crowell & Moring LLP, and Vincent J. Galluzzo (Washington, D.C.); and Wallen Kelley, and John D. Golden, for appellant. Searcy Denney Scarola Barnhart & Shipley, P.A., and Joseph R. Johnson (West Palm Beach), for appellee. Before HENDON, MILLER, and BOKOR, JJ. PER CURIAM.
Cordis Corporation (“Cordis”) appeals from a non-final order denying its motion to dismiss on the ground of forum non-conveniens. We affirm.
The plaintiff, Nicole Williams, individually, and as personal representative of the Estate of Charles Windell Williams, Jr., and as Guardian for Kaleb J. Williams and Kailyn G. Williams, brought a product liability suit against Cordis, alleging that defects in the Cordis TrapEase Permanent Inferior Vena Cava Filter (“Cordis IVC Filter”) caused the deceased’s injuries and death. The plaintiff is a citizen and resident of the state of Maryland. Cordis is a Florida corporation and maintains an office in Miami Lakes, Florida. Cordis’s Miami Lakes office is the central location for handling product complaints, quality control, risk management, training, and regulatory compliance involving the Cordis IVC Filter. Following a hearing, the trial court denied Cordis’s motion to dismiss on the ground of forum non conveniens. Based on our review of the record, including the trial court’s order addressing each of the forum non conveniens factors,1 we conclude that the trial court did not abuse its discretion in denying the motion. As such, we affirm the order under review.
Aerolineas Argentinas, S.A. v. Gimenez, 807 So. 2d 111, 113 (Fla. 3d DCA 2002) (stating that decision to grant or deny a forum non conveniens motion for dismissal rests in the sound discretion of the trial court).
Affirmed.
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