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YELTON v. PHI, INC.

No. 11-30153.

669 F.3d 577 (2012)

Kelly YELTON, Individually and on behalf of her minor children, K.D., L.Y. and L.R.L.Y.; et al., Plaintiffs, v. PHI, INCORPORATED; et al., Defendants. Karen Nelson, Personal representative of the Estate of Charles Wilbur Nelson, III, deceased, Plaintiff-Appellant, v. Aeronautical Accessories, Incorporated; Bell Helicopter Textron, Incorporated; Edwards & Associates, Incorporated; PHI Air Medical, Incorporated, also known as PHI, Incorporated, formerly known as Petroleum Helicopters, Incorporated; Sikorsky Aircraft Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 2, 2012.

Attorney(s) appearing for the Case

William Franklin Cash, III , Fredric G. Levin (argued), Levin, Papantonio, Thomas, Mitchell, Echsner & Proctor, Pensacola, FL, Patrick G. Kehoe, Jr. , New Orleans, LA, for Plaintiff-Appellant.

Colvin G. Norwood, Jr. , McGlinchey Stafford, P.L.L.C., Richard Kearney Christovich , Howard Carter Marshall , Kevin Richard Tully (argued), Christovich & Kearney, L.L.P., New Orleans, LA, Steven Dominic Sanfelippo (argued), Rose Walker, L.L.P., Dallas, TX, Randall Kurt Theunissen , Allen & Gooch, Lafayette, LA, for Defendants-Appellees.

Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge.

In this wrongful death action, the sole question is whether the district court erred in applying the Louisiana Wrongful Death Act rather than the Florida Death Act. We find no error and affirm.

BACKGROUND

This is a wrongful death action arising out of a helicopter crash. The decedent, Charles Wilbur Nelson, III, lived in Pensacola, Florida with his parents. On January 4, 2009, he boarded a helicopter in Amelia...

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