Civil Procedure Keyed to Friedenthal
Boyle v. United Technologies Corp
Petitioner is the personal representative of the estate of David Boyle, a marine helicopter pilot who died when he crashed in a helicopter manufactured by Respondent, United Technologies Corporation. Petitioner brought a diversity action in federal court against Respondent, but brought Virginia state tort claims against Respondent. The jury awarded damages to Petitioner, and Respondent moved for a direct verdict notwithstanding the judgment under the federal military contractor defense. The trial court denied the motion, but the United States Court of Appeals for the Fourth Circuit reversed and allowed Respondent the defense. Petitioner argued that there was no express statutory authority to immunize Respondent.
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