Chohlis v. Cessna Aircraft Co., No. 84-1387

• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)
• Writing for the Court: Before LAY, Chief Judge, JOHN R. GIBSON, and FAGG; JOHN R. GIBSON
• Citation: 760 F.2d 901
• Parties: Janine G. CHOHLIS, Appellant, v. CESSNA AIRCRAFT COMPANY, Appellee.
• Docket Number: No. 84-1387
• Decision Date: 01 May 1985

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760 F.2d 901 Janine G. CHOHLIS, Appellant,
v.
CESSNA AIRCRAFT COMPANY, Appellee. No. 84-1387. United States Court of Appeals,
Eighth Circuit. Submitted Jan. 18, 1985.
Decided May 1, 1985.

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Charles J. McMullin, St. Louis, Mo., for appellant.

Eugene K. Buckley, St. Louis, Mo., for appellee.

Before LAY, Chief Judge, JOHN R. GIBSON, and FAGG, Circuit Judges.

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JOHN R. GIBSON, Circuit Judge.

The primary issue in this appeal is whether the district court ¹ erred in instructing the jury concerning Cessna Aircraft Company's defense to Janine Chohlis' strict liability claim. Because the instruction fairly and adequately stated the substantive law, and because we conclude there is no other trial error, we affirm the judgment against Chohlis.

John Chohlis was killed when a plane in which he was a passenger crashed as the pilot, Joseph Walker, was preparing to land. The evidence shows that the crash was caused by engine failure due to lack of fuel. The fire that ensued upon the crash, however, demonstrated that the main tanks contained a significant quantity of fuel. Janine Chohlis, John's widow, filed a wrongful death action in Missouri state court against the pilot's estate and Cessna, the manufacturer of the plane. Following Chohlis' settlement with the estate, Cessna removed the suit on diversity grounds under 28 U.S.C. Sec. 1441 (1982). ²

Evidence was submitted to prove two theories, negligence and strict liability, based on the design of the plane's fuel system. The plane was equipped with four fuel tanks: a primary and auxiliary tank on each wing. Two fuel gauges served four tanks; the gauges normally displayed the levels in the tanks being used. By flipping a switch, however, the levels in the tanks not in use could be displayed. An amber light on each gauge indicated when the auxiliary tanks were in use.

The auxiliary tanks held about three-fifths of the main tanks' capacity. Nevertheless, a given amount of fuel in the auxiliary tanks would sustain the engines for a significantly shorter time than the same quantity in the main tanks. This was due to the bypass feature in the fuel injection system, which delivered to the engines more fuel than they could use. The excess or bypass fuel was emptied into the main fuel tanks, whether or not it originated from the auxiliary tanks. Thus, the auxiliary tanks contained less accessible fuel than the main tanks.

The owner's manual stated that the main tanks should be used during takeoff, landing, and all emergency operations. It also advised that because of the fuel injection diversion, the "auxiliary tanks will run dry sooner than may be anticipated." Tr. 5-122. A checklist for landing preparation directed the pilot to select the main tanks on both wings. This selection was to be made before the landing gear was lowered. In addition, a placard posted in the cockpit directed that the first step in the landing preparation should be switching to the main tanks.

The plaintiff's experts described the fuel system as defective and the accompanying instructions as inadequate. For example, the manual "recommended" that the pilot not operate on the auxiliary tanks under 1,000 feet altitude. One of the plaintiff's experts stated that often a pilot will be in a lower altitude, perhaps 800 feet, when the descent checklist is initiated. He testified that the manual should have stated: "Do not operate on auxiliary tanks below 1,000 feet." In addition, he criticized the cockpit placard as deficient in not advising the pilot of how many minutes of operation the auxiliary tanks would sustain. Other experts

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testified that the airplane should have been equipped with a warning light to inform the pilot when the tanks in use were running low. In sum, the plaintiff presented evidence that the plane was defective because the "unnecessarily complex fuel system" could induce pilot error and because the company had not provided instructions, warnings, or devices sufficient to prevent this error. The defendant's experts testified that the fuel system was not unduly complicated and that additional gauges and warning lights were unnecessary. They also testified that the most likely cause of the crash was that the pilot had been using the auxiliary tanks while landing and ran them dry. They classified as pilot error the failure to switch to the main tanks before landing.

After a seven-day jury trial, the case was submitted under a strict liability theory only and the critical issue to be decided by the jury was whether the airplane was defective. A verdict was returned for Cessna. The district court denied Chohlis' motion for a new trial, and this appeal followed.

I.

Ten of Chohlis's allegations of error concern Instruction No. 7, which provided:

You are instructed that your verdict must be for defendant Cessna Aircraft Company if you believe that Joseph Walker's airplane crashed, not because of any defective condition of the airplane, but because Joseph Walker failed to follow the placard, checklist and owner's manual and failed to switch to his main gas tanks before landing and ran his auxiliary tanks dry.

It was followed by Instruction No. 7(a), which stated: "More than one person may be to blame for causing an injury. If you decide the defendant sold a dangerously defective product resulting in the death of John Chohlis, it is not a defense that some person who is not a party to this suit may also have been to blame."

Chohlis argues that Instruction No. 7 violates Missouri procedural rules governing instruction, particularly the requirements of Missouri Approved Instruction No. 1.03 (3d ed. 1981). On numerous occasions, we have made plain that a district court is not required to give the precise instruction set out in MAI and that the grant and denial, particulars, and form of instructions are matters of procedure controlled by federal law and the Federal Rules of Civil Procedure. E.g., Hrzenak v. White-Westinghouse Appliance Co., 682 F.2d 714, 719-720 (8th Cir.1982); see Roth v. Black & Decker, 737 F.2d 779, 783-84 (8th Cir.1984); Crues v. KFC Corp., 729 F.2d 1145, 1151-52 (8th Cir.1984). We stated recently:

A district judge has broad discretion in the choice of the form and language of his instructions; "as long as the entire charge fairly and adequately contains the law applicable to the case, the judgment will not be disturbed on appeal." * * * In reviewing instructions to determine if they...