State Appeals Court May Revive Wrongful Death Suit Against Dole

According to a news source, a California appeals court indicated during oral
argument that it would likely reverse the dismissal order of a lower court in a
wrongful death action alleging that Dole Food Co. paid Colombian paramilitaries
to kill 170 people near South American banana plantations. Gomez v.
Dole Food Co., Inc., No. B242400 (Cal. Ct. App., 2d App. Div.). During the June
12, 2013, hearing, the court reportedly said “legal problems” with the trial
court’s dismissal were sufficient to warrant reversal. In 2012, the lower court
dismissed the suit after the plaintiffs’ lawyers failed to file a new complaint
within 30 days after an appeals court ruling allowing them to do so became
final. Plaintiffs’ counsel apparently claimed that they were unaware of the
deadline imposed under California procedural rules and that the court erred
by dismissing the case on the basis of Dole’s purported ex parte application.
See Law360, June 12, 2013.