David Orlich, Individually and as Executor of Esther Orlich, Deceased, et al., Respondents, v. Helm Brothers, Inc., et al., Defendants, and Mercedes-Benz of North America, Inc., Appellant, 160 A.D.2d 135

Summary

The executor filed the action against two other companies, one of which was a car's German manufacturer. However, in order to avoid application of the Hague Convention, the executor agreed in a stipulation to discontinue the action with prejudice against the German company if the corporation agreed that it would not try to shift the responsibility to the German company. In enforcing the discovery request, the lower court referred to sources outside the record and it opined that the corporation tried to entice drivers not to use their seat belts, even though the decedent was wearing one at the time of the accident. On appeal, the court held that the lower court usurped its authority when it relied on a theory of liability neither advanced by the parties nor supported by the record. The lower court's opinion also contradicted the stipulation signed by the parties because the corporation agreed not to shift its liability to the German manufacturer. The German manufacturer did not assume ...