Airlift Intern., Inc. v. McDonnell Douglas Corp.
| Citation | 685 F.2d 267 |
| Decision Date | 21 June 1982 |
| Docket Number | No. 80-5438,80-5438 |
| Parties | AIRLIFT INTERNATIONAL, INC., Plaintiff-Appellant, v. McDONNELL DOUGLAS CORPORATION; Douglas Aircraft Company; McDonnell Douglas Finance Corporation; and The Deutsch Company, Defendants-Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
John R. Johnson, Kern, Wooley & Maloney, Los Angeles, Cal., for plaintiff-appellant.
Henry J. Bogust, Chase, Rotchford, Drukker & Bogust, Los Angeles, Cal., argued, for defendants-appellees; Stephen C. Tausz, Bronson, Bronson & McKinnon, San Francisco, Cal., Peter R. Brotzen, Los Angeles, Cal., on brief.
Before WRIGHT and SNEED, Circuit Judges, and EAST, * Senior District Judge.
During maintenance procedures, Airlift's DC-8 airliner exploded. In a diversity action Airlift sued McDonnell Douglas, the manufacturer of the airplane, and Deutsch, the manufacturer of the component fuel boost pump connector assembly alleged to be the cause of the explosion. In defense to Airlift's negligence, strict liability, and warranty claims, McDonnell Douglas asserted Article 14, the general warranty and disclaimer clause of the aircraft purchase agreement. Deutsch also asserted that defense.
Defendants' initial motions for summary judgment were denied without prejudice. The parties then stipulated to bifurcation of the trial to try separately the validity of the exculpation clause.
After trial of that issue to the court, defendants renewed their summary judgment motions. Following trial and in response to those motions, the district court held the exculpation clause a perfect defense to the negligence and strict liability claims. It granted summary judgment on Airlift's breach claims on the grounds that the breach of implied warranty claim had been waived and that the express warranty had not been breached.
The district court did not abuse its discretion in holding a separate trial of the exculpation issue. United States v. 1,071.08 Acres of Land, 564 F.2d 1350, 1352 (9th Cir. 1977). Separate trial of that issue did not deny Airlift any right to a jury trial, Fed.R.Civ.P. 42(b), for none existed. Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 79 S.Ct. 948, 3 L.Ed.2d 988 (1959), is inapposite. Moreover, having stipulated that separate trial of the issue was proper, it cannot now argue that the procedure was improper.
Nor are we convinced by Airlift's argument that the trial improperly exceeded its intended scope. The district court explicitly stated in its memorandum of decision that to the extent of claims unaffected by the exculpation clause, it granted summary judgment. Though the court's disposition may have been clearer with two documents (one reciting its findings pursuant to trial and the other describing its "findings" pursuant to summary judgment) the procedure was not error.
We accord great deference to the district court's determination of the law of the state in which it sits and disturb it only if it is "clearly wrong." Power v. Union Pac. R. Co., 655 F.2d 1380 (9th Cir. 1981).
Airlift argues that the exculpation clause was vitiated under state law by McDonnell's violation of federal air regulations. We reject this argument and affirm on the authority of S.A. Empresa v. Boeing Co., 641 F.2d 746, 752-54 (9th Cir. 1981) and Delta Air Lines, Inc. v. McDonnell Douglas Corp., 503 F.2d 239, 244 (5th Cir. 1974), cert. denied, 421 U.S. 965, 95 S.Ct. 1953, 44 L.Ed.2d 451 (1975).
We reject Airlift's strict liability argument and affirm on the ground that, as a matter of California law, strict liability in tort does not apply between large commercial entities who have bargained for allocation of risk. Scandinavian Airlines v. United Aircraft, 601 F.2d 425, 427-29 (9th Cir. 1979); Delta Air Lines, Inc. v. McDonnell Douglas Corp., 503 F.2d at 245.
Its argument that the express warranties were more extensive than those contained in Article 14 of the agreement also fails. The clear language of the agreement and the setting of its negotiation support the district court's judgment that express...
To continue reading
Request your trial
-
McLinn, Matter of
...698 F.2d 1022, 1026 (9th Cir.), cert. denied, --- U.S. ----, 104 S.Ct. 149, 78 L.Ed.2d 139 (1983); Airlift International, Inc. v. McDonnell Douglas Corp., 685 F.2d 267, 269 (9th Cir.1982); Camacho v. Civil Service Commission, 666 F.2d 1257, 1262 (9th Cir.1982); Gaines v. Haughton, 645 F.2d ......
-
Appalachian Ins. Co. v. McDonnell Douglas Corp.
...the Ninth Circuit cases of Aeronaves de Mexico, S.A. v. McDonnell Douglas (9th Cir.1982) 677 F.2d 771 and Airlift Intern., Inc. v. McDonnell Douglas Corp. (9th Cir.1982) 685 F.2d 267. These cases are factually distinguishable and rest on the particular facts of the cases as the Ninth Circui......
-
Albers v. Deere & Co.
...tort remedy against a component supplier even if the entire aircraft is damaged by a defective component. Airlift Int'l, Inc. v. McDonnell Douglas Corp., 685 F.2d 267 (9th Cir.1982) (California Here we have the obverse situation. The Gunkels did deal directly with J & N. The same formulatio......
-
Davis & Cox v. Summa Corp.
...Rules of Civil Procedure. We may set aside a severance order only for an abuse of discretion. See Airlift International, Inc. v. McDonnell Douglas Corp., 685 F.2d 267, 269 (9th Cir.1982); United States v. 1,071.08 Acres of Land, 564 F.2d 1350, 1352 (9th The district court in this case did n......