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CLEVELAND v. PIPER AIRCRAFT CORP.

Nos. 86-2112, 86-2265.

890 F.2d 1540 (1989)

Edward Charles CLEVELAND, By and Through the Conservator of his Estate, Kathleen CLEVELAND; and Kathleen Cleveland, Individually, Plaintiffs-Appellants and Cross-Appellees, v. PIPER AIRCRAFT CORPORATION, a corporation, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

November 15, 1989.

Attorney(s) appearing for the Case

Daniel C. Cathcart of Magana, Cathcart, McCarthy & Pierry, Los Angeles, Cal. (Richard E. Ransom of Richard E. Ransom, P.A., Albuquerque, N.M., with him on the brief), for plaintiffs-appellants and cross-appellees.

David K. Watkiss of Watkiss & Campbell, Salt Lake City, Utah (Tracy H. Fowler of Watkiss & Campbell and W.R. Logan of Civerolo, Hansen & Wolf, P.A., Albuquerque, N.M., with him on the brief), for defendant-appellee and cross-appellant.

Before SEYMOUR and EBEL, Circuit Judges, and RUSSELL, District Judge.

DAVID L. RUSSELL, District Judge.

This case arises from a bizarre set of facts. On July 8, 1983, Edward Charles Cleveland attempted to take off from Mid-Valley Airport, Los Lunas, New Mexico, in a Piper Super Cub Model PA-18-150 aircraft, towing a glider attached to the aircraft's tail with a rope. Mr. Cleveland was piloting the aircraft from the rear seat and was secured by a seat belt but not a shoulder harness. The front...

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