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TOZER v. LTV CORP.

Nos. 84-1907(L), 84-1962.

792 F.2d 403 (1986)

Joan S. TOZER, surviving widow of Eliot F. Tozer, deceased and to her own use and benefit and to the use and benefit as mother and next friend of: Katherine S. Tozer, surviving minor child of Eliot F. Tozer, deceased and; Lindsay M. Tozer, surviving minor child of Eliot F. Tozer, deceased and; Joan S. Tozer, personal representative of the estate of Eliot F. Tozer, deceased, Appellees, v. LTV CORPORATION, a Texas Corporation; Jones & Laughlin Industries, Inc.; Vought Corporation, a Delaware Corporation, Appellants. Bell Helicopter Textron, Lockheed Corp., McDonnell-Douglas Corp., United Technologies Corp., Amici Curiae. Joan S. TOZER, surviving widow of Eliot F. Tozer, deceased and to her own use and benefit and to the use and benefit as mother and next friend of: Katherine S. Tozer, surviving minor child of Eliot F. Tozer, deceased and; Lindsay M. Tozer, surviving minor child of Eliot F. Tozer, deceased and; Joan S. Tozer, personal representative of the estate of Eliot F. Tozer, deceased, Appellants, v. LTV CORPORATION, a Texas Corporation; Jones & Laughlin Industries, Inc.; Vought Corporation, a Delaware Corporation, Appellees. Bell Helicopter Textron, Lockheed Corp., McDonnell-Douglas Corp., United Technologies Corp., Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 27, 1986.

Attorney(s) appearing for the Case

Drew Pomerance (Kern & Wooley, Los Angeles, Cal., Fred J. Meier, Charles E. Iliff, Jr.; Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellants.

Michael J. Pangia (Smiley, Olson, Gilman & Pangia, Washington, D.C., Paul D. Bekman, Baltimore, Md., on brief), for appellees.

(Lewis T. Booker; L. Neal Ellis, Jr.; Hunton & Williams, Richmond, Va., on brief), for amici curiae.

Before RUSSELL, HALL and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

In 1980, Lieutenant Commander Eliot Tozer was killed when the Navy plane he was piloting crashed. His widow, Joan Tozer, and his two minor children brought an action against LTV Corporation and its subsidiary Vought Corporation under the Death on the High Seas Act (DOHSA) 46 U.S.C. § 761 et seq. and general maritime law, alleging the defective design of a modification to the airplane. The jury returned a verdict in favor of the...

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