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Black v. Pride Mobility Products Corp.

United States District Court, W.D. Washington, Seattle

May 26, 2017

LEA BLACK, Plaintiff,
v.
PRIDE MOBILITY PRODUCTS CORPORATION, a foreign corporation; and UNITED SEATING AND MOBILITY, L.L.C., a foreign corporation, d/b/a NUMOTION, a foreign corporation; CAPSTONE MOBILITY GROUP, LLC, a foreign corporation; MERITS HEALTH PRODUCTS CO., LTD; MERITS HEALTH PRODUCTS, INC.; JOHN DOE COMPANY 1; JOHN DOE COMPANY 2, Defendants.

          SCHROETER, GOLDMARK & BENDER PETER O'NEIL, SIMS WEYMULLER, LUCAS GARRETT, Counsel for Plaintiff.

          SCHROETER, GOLDMARK & BENDER, BENNETT BIGELOW & LEEDOM WILLIAM J. LEEDOM, DAVID M. NORMAN, Counsel for Defendant.

          KELLER ROHRBACK, LLP, DAVID J. RUSSELL, Counsel for Defendant. Numotion & Capstone.

          SYLVIA J. HALL, MERRICK HOFSTEDT & LINDSEY, PS, RICHARD SCHUSTER, Admitted Pro Hac Vice MATTHIESEN, WICKERT & LEHRER, S.C.

          ORDER ON STIPULATED MOTION FOR ISSUANCE OF AMENDED LETTERS ROGATORY AND SUMMONS

          THOMAS S. ZILLY, UNITED STATES DISTRICT JUDGE

         THIS MATTER having come on regularly before this Court for hearing upon the parties Stipulated Motion for Issuance of Amended Letters Rogatory and Summons, and the Court having reviewed the motion and the records and files herein, now, therefore, IT IS ORDERED, ADJUDGED AND DECREED that the Stipulated Motion for Issuance of Amended Letters Rogatory and Summons is GRANTED.

         THEREFORE, IT IS ORDERED that the Court shall issue Amended Letters Rogatory in the form attached as Exhibit A, and the Clerk will issue an Amended Summons in the form attached as Exhibit B.

         EXHIBIT A

         AMENDED LETTERS ROGATORY

         TO THE APPROPRIATE JUDICIAL AUTHORITY OF TAIWAN, for International Judicial Assistance:

         A request for international judicial assistance is being made in the interests of justice for plaintiff, Lea Black.

         The United States District Court, District of Western Washington, presents its compliments to the appropriate Judicial Authority of Taiwan, and requests international judicial assistance in order to obtain service of process, to be used in a civil proceeding that is before this Court in the above captioned matter.

         Plaintiff Lea Black was severely injured in Seattle, Washington after her Pride Pursuit mobility scooter entered a "freewheel" condition on a hill. The scooter failure may have been caused, among other things, by a failure of a coupler part between the scooter's pinion gear and the motor/brake assembly. The coupler part may have been manufactured and sold by the Merits Health Products, family of companies.

         Plaintiff Lea Black seeks damages for her injuries, including but not limited to broken bones, loss of appendages, trauma, loss of her living situation, loss of mobility and other injuries resulting in past and future pain and suffering, both physical and mental and other general damages, together with past and future medical and related ...


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