SIKKELEE v. PRECISION AIRMOTIVE CORP.

No. 17-3006.

907 F.3d 701 (2018)

Jill SIKKELEE, individually and as personal representative of the estate of David Sikkelee, deceased, Appellant v. PRECISION AIRMOTIVE CORPORATION; Precision Airmotive LLC, individually and as Successor-in-Interest to Precision Airmotive Corporation; Burns International Services Corporation, individually and as Successor-in-Interest to Borg-Warner Corporation, and Marvel-Schebler, a Division of Borg-Warner Corporation; Textron Lycoming Reciprocating Engine Division, a Division of Avco Corporation; AVCO Corporation; Kelly Aerospace, Inc., individually and Joint Venturer and as Successor-in-Interest; Kelly Aerospace Power Systems, Inc., individually and as Joint Venturer and Successor-in-Interest, also known as Electrosystems, Inc., also known as Confuel, Inc.; Electrosystems, Inc., individually and as Joint Venturer and as Successor-in-Interest, also known as Consolidated Fuel Systems, Inc., also known as Confuel, Inc.; Consolidated Fuel Systems, Inc., also known as Confuel, Inc.

United States Court of Appeals, Third Circuit.

Filed: October 25, 2018.


Attorney(s) appearing for the Case

David I. Katzman , Bradley Stoll , Katzman Lampert & Stoll, 100 West Big Beaver Road, Suite 130, Troy, MI 48084, Tejinder Singh [ARGUED], Goldstein & Russell, 7475 Wisconsin Avenue, Suite 850, Bethesda, MD 20814, Counsel for Appellant.

Catherine B. Slavin , Gordon & Rees, 1717 Arch Street, Suite 610, Philadelphia, PA 19103, Amy M. Saharia , Kannon K. Shanmugam [ARGUED], Williams & Connolly, 725 12th Street, N.W., Washington, D.C. 20005, Counsel for Appellees Textron Lycoming Reciprocating Engine Division and AVCO Corp.

Kathleen L. Nastri , Jeffrey R. White , American Association for Justice, 777 6th Street, N.W., Suite 200, Washington, D.C. 20001, Counsel for Amicus Appellant American Association for Justice.

Daryl E. Christopher , Schmidt Kramer, 209 State Street, Harrisburg, PA 17101, Counsel for Amicus Appellant Pennsylvania Association for Justice.

Lauren L. Haertlein , General Aviation Manufacturers Association, 1400 K Street N.W., Suite 801, Washington, D.C. 20005, Counsel for Amicus Appellee General Aviation Manufacturers Association.

Before: SHWARTZ, ROTH, and RENDELL, Circuit Judges.


OPINION OF THE COURT

David Sikkelee died in a plane crash, and his wife, Plaintiff Jill Sikkelee, brought state-law strict liability and negligence claims against the engine's manufacturer, AVCO Corporation, and its Textron Lycoming Reciprocating Engine Division ("Lycoming"), among other defendants. Sikkelee alleges...

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