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Products Liability Keyed Owen, 8th Ed.
Bruce v. Martin-Marietta Corp.
Citation:
544 F.2d 442 (1976)Facts
Martin-Marietta manufactured the Martin 404 aircraft in 1952 and sold it to Eastern Airlines. The plane changed hands several times, eventually being owned by Ozark Airlines from 1965 to 1967, who then sold it to Fairchild-Hiller Corporation. In 1970, the plane was sold to Jack Richards Aircraft Company and was being used by Golden Eagle Aviation to transport the Wichita State University football team when it crashed into a mountain in Colorado. Of the 40 people aboard, 32 died. Plaintiffs did not claim the defendants caused the crash, but rather that design defects in the seat fastenings and lack of fire protection made the aircraft not “crashworthy,” causing deaths or enhancing injuries. Martin provided evidence that the aircraft met all applicable Civil Aeronautics Administration (CAA) safety requirements when manufactured. Plaintiffs offered evidence that by 1970, safer seats were available that would have remained in place during the crash.
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