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TATE v. BOEING HELICOPTERS

No. 93-5863.

55 F.3d 1150 (1995)

Diann TATE, Individually and as the Personal Representative of the Estate of Dale Tate, and as Natural Guardian of Jason Tate; Brian Tate; Vivian Marie Johnson, Individually and as the Personal Representative of the Estate of Veltry Herman Johnson III; Angela Wooden; and Nancy Ann Schulz, Plaintiffs-Appellants, v. BOEING HELICOPTERS, an unincorporated division of Boeing Company, and Breeze-Eastern, an unincorporated division of Transtechnology Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 2, 1995.

Attorney(s) appearing for the Case

Mark A. Rassas (briefed), Clarksville, TN, Francis G. Fleming (briefed), Daniel M. Kolko (argued and briefed), Kreindler & Kreindler, New York City, Lucius P. Hawes, Jr., (briefed), Hawes, Richardson, Cameron & Burman, Hopkinsville, KY, for plaintiffs-appellants.

Richard L. Walter, Boehl, Stopher, Graves & Deindoerfer, Paducah, KY, Steven S. Bell (argued and briefed), Perkins Coie, Seattle, WA, Ronald A. McIntire, Perkins Coie, Los Angeles, CA, Carol D. Browning (briefed), Stites & Harbison, Louisville, KY, Bruce G. Shanahan (briefed), Kirtland & Packard, Los Angeles, CA, for defendants-appellees.

Before: KRUPANSKY and RYAN, Circuit Judges; SPIEGEL, District Judge.

RYAN, Circuit Judge.

The defendants built and sold to the Army a helicopter that crashed during a training mission in July 1990. Three crew members were killed and two others were injured. One of the survivors, and family members of two soldiers who perished, brought this diversity action under Kentucky law, alleging theories of design defect and failure to warn. The district court granted summary judgment for the defendants based on the government

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