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ESTATE OF KENNEDY v. BELL HELICOPTER TEXTRON, INC.

No. 00-35240.

283 F.3d 1107 (2002)

ESTATE OF Robin Grant KENNEDY, Plaintiff-Appellee, v. BELL HELICOPTER TEXTRON, INC., Defendant-Appellant, and Garlick Helicopters, Inc., Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 15, 2002.

Attorney(s) appearing for the Case

Keith A. Kemper and Kristen K. Waggoner, Ellis, Li & McKinstry, PLLC; Franklin L. Smith and Susan Machler, Osborn Smith, Seattle, WA, for the plaintiff-appellee Estate of Robin Grant Kennedy.

Frederick Meyers, David D. Swartling and Daniel R. Laurence, Mills Meyers Swartling, Seattle, Washington, for defendant-appellant Bell Helicopter Textron, Inc.

William V. O'Connor and Michael R. Daymude, Kern and Wooley, LLP, Los Angeles, CA, for the defendant-appellant Garlick Helicopters, Inc.

Before: WOOD, Jr., TROTT, and PAEZ, Circuit Judges.

Opinion by Judge WOOD, Jr.; Dissent by Judge PAEZ

WOOD, JR., Circuit Judge.

Robin Grant Kennedy was killed on November 5, 1996, when the helicopter he was piloting came apart in mid-air and crashed. At the time of the crash, Kennedy was using the helicopter for aerial logging in Washington state. The structural failure in the helicopter was caused by a fatigue crack that developed in a component of the tail boom known as the left forward vertical fin spar...

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