TATE v. BOEING HELICOPTERS

Civ. A. Nos. 91-0305-P-J, 91-0306-P-J.

921 F.Supp. 1562 (1996)

Diann TATE, Individually on her own behalf as surviving spouse of Dale Tate, as Personal Representative of the Estate of Dale Tate, deceased and as Natural Guardian of Jason Tazwell Tate, a minor child of Dale Tate; and Brian William Tate, individually, on his own behalf as surviving child of Dale Tate, et al, Plaintiffs, v. BOEING HELICOPTERS, an Unincorporated Division of The Boeing Company, a Delaware Corporation, and Breeze-Eastern, an Unincorporated Division of Transtechnology Corporation, a Delaware Corporation, Defendants.

United States District Court, W.D. Kentucky.

March 6, 1996.


Attorney(s) appearing for the Case

Francis G. Fleming, Kreindler & Kreindler, New York City, Lucius P. Hawes, Jr., Hawes & Cameron, Hopkinsville, KY, Mark A. Rassas, Rassas & Rassas, Clarksville, TN, for plaintiffs.

John F. Lynch, Jr., Carpenter, Bennett & Morrissey, Newark, NJ, Richard L. Walter, Boehl, Stopher & Graves, Paducah, KY, Steven S. Bell, Perkins Coie, Seattle, WA, Ronald A. McIntire, Michelle M. Seery, Perkins Coie, Los Angeles, CA, for Boeing Helicopters.

Carol D. Browning, John Lewis Tate, Lively M. Wilson, Stites & Harbison, Louisville, KY, Thomas F. Daly, McCarter & English, Newark, NJ, Bruce G. Shanahan, Jacques E. Soiret, Kirtland & Packard, Los Angeles, CA, for Breeze Eastern.


MEMORANDUM OPINION

JOHNSTONE, Senior District Judge.

The United States Court of Appeals for the Sixth Circuit vacated a summary judgment granted these defendants1 on a failure to warn claim. It held that the "government contractor defense is not necessarily established merely by satisfying the government contractor defense conditions as to design defect claims." Tate, et al, v. Boeing Helicopters, et al,

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