(Download) "State Missouri on Relation Ian S. Caine v." by Missouri Court of Appeals Eastern District " eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri on Relation Ian S. Caine v.
- Author : Missouri Court of Appeals Eastern District
- Release Date : January 08, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Relators sought our alternative writ of mandamus to compel the respondent Judge to assume jurisdiction over an underlying law suit and to set aside his order dismissing that suit as to Beech Aircraft Corporation. We issued that alternative writ which we now make permanent. In the underlying litigation, plaintiffs, the children of a man killed in an airplane crash in 1976, seek recovery under the wrongful death statute for their father's death. They are residents of St. Louis County, as was their father. Named as defendants are (1) the estate of the pilot, David Hoffman; 1 (2) Festus Flying Service, owner of the airplane, and (3) Beech. The first two defendants are Missouri residents; Beech is a Delaware corporation with its principal place of business in Kansas. Beech manufactured the airplane in 1970 in the State of Kansas. It was sold one week after manufacture by Beech to Topeka Aircraft Sales and Service, Inc. of Kansas, a franchised-dealer of Beech products, and sold by that company to Fabick Machinery Company in St. Louis a week later. The airplane was subsequently sold one or more times and eventually became the property of Festus Flying Service. The airplane was chartered from Festus by Hoffman and plaintiff's decedent for a business trip from St. Louis to Texas. Upon the return flight to Missouri, the plane crashed in Arkansas. Plaintiffs' cause of action against Beech was based upon products liability, breach of warranty and specific negligence.
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