WALKER v. MESSERSCHMITT BOLKOW BLOHM GmBH

Nos. 86-1472, 86-1689.

844 F.2d 237 (1988)

Virginia WALKER, et al., Plaintiffs, Lone Star Helicopters and North Central Texas Services d/b/a CareFlite, Plaintiffs-Counter-Defendants-Appellants, Cross-Appellees, v. MESSERSCHMITT BOLKOW BLOHM GmBH and MBB Helicopter Corp., Defendants-Counter and Third Party Plaintiffs-Appellees Cross-Appellants, v. The ESTATE OF Rick Lemar FEE, and The Estate of Billy Wayne Walker, Third Party Defendants-Appellants Cross-Appellees. LONE STAR HELICOPTERS, INC., North Central Texas Services, d/b/a Careflite, The Estate of Rick Lemar Fee and The Estate of Billy Wayne Walker, Plaintiffs-Appellants, v. UNITED STATES FIRE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 16, 1988.


Attorney(s) appearing for the Case

Martha Vollers Swanger, Theodore G. Kolias, Robert A. Gwinn, Dallas, Tex., for Lone Star Helicopters, Inc., et al.

Newton J. Jones, Rebecca S. Covell, Sifford & Pezzuli, Dallas, Tex., for U.S. Fire Ins. Co.

P. Michael Jung, Kevin H. Good, John E. Phillips, Dallas, Tex., for Messerschmitt Bolkow Blohm GmBH and MBB Helicopter Corp.

Before GOLDBERG, POLITZ, and DAVIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

This litigation arises out of the crash of a helicopter. The primary adversaries are the owner of the aircraft and its manufacturer. Following a jury verdict, the district court entered judgment in accordance with the verdict, apportioning twenty-five percent of the damages to the helicopter owner and seventy-five percent to the manufacturer. For reasons that follow, we conclude that the judgment against the owner cannot stand; we modify...

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