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ARTICLE · 03 APRIL 2019

Tenth Circuit Affirms Summary Judgment In Premier 390 Accident Litigation After Plaintiffs' Expert Testimony Excluded

The trial court agreed with Beech and Hawker, and excluded most of the opinions of all four experts.

United StatesTransport

In a lengthy and well reasoned unpublished opinion, the Tenth Circuit Court of Appeals recently affirmed a grant of summary judgment to the defendants in litigation arising from a Beechcraft Premier 390 accident on March 17, 2013. Both of the aircraft's engines inadvertently were shut down in flight; the pilot then was unable to restart the engines or lower the landing gear.

This federal court action was brought in the Northern District of Oklahoma by the two surviving passengers of the planned flight from Tulsa, OK to South Bend, IN and their spouses. The pilot and a third passenger were killed in the crash. Plaintiffs/Appellants sued Beechcraft Corporation ("Beech"), the manufacturer of the aircraft, and Hawker Beechcraft Global Customer Support ("Hawker"), which provided maintenance services for the accident aircraft. The plaintiffs alleged negligence claims against Beech and Hawker, and products liability claims against Beech.

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