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STODDARD v. LING-TEMCO-VOUGHT, INC.

No. CV-72-1294-PGH.

513 F.Supp. 314 (1980)

Kathryn STODDARD et al., Plaintiffs, v. LING-TEMCO-VOUGHT, INC., et al., Defendants.

United States District Court, C. D. California.

On Motion to Dismiss April 14, 1980.

On Motion to Dismiss Complaints of Intervenor October 17, 1980.

On Assessment of Prejudgment Interest January 19, 1981.

On Further Motion to Dismiss Complaints of Intervenor January 27, 1981.

Attorney(s) appearing for the Case

James J. McCarthy, Magana, Cathcart & McCarthy, Los Angeles, Cal., for Theriault, 72-1294, Burnett, 73-1290, McGinn, 73-1291, Blanchard, 73-1292, Ditto, 73-1293, and Unsderfer, 73-1294.

Robert S. Morris, San Bernardino, Cal., for Ashland, 72-1319.

Gerald V. Barron, Hoge, Fenton, Jones & Appel, Monterey, Cal., John H. Miltner, Honolulu, Hawaii, for Page, 73-1318, Rose, 73-1319, Reinhart, 73-1320, Myles, 73-1321, and Weimer, 73-1322.

Joan Celia Lavine, Los Angeles, Cal., for intervenors Hoar, 72-1294, and Slagle 72-1294.

Robert C. Packard, William T. Delhagen, Kirtland & Packard, Los Angeles, Cal., for defendants Ling-Temco-Vought, et al.

James Stotter, II, Asst. U. S. Atty., Los Angeles, Cal., for defendant United States.

ORDER

HATFIELD, District Judge.

IT IS HEREBY ADJUDGED AND ORDERED as follows:

1. There is no right to a jury trial in this case, and trial shall be by the court with an advisory jury.

2. Strict products liability, including the defense of assumption of risk as set forth in Section 402A, Restatement of Torts 2d, comment n. is applicable in this lawsuit.

3. Res Ipsa Loquitur is applicable under the facts as alleged by plaintiffs, as...

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