Lindsay v. McDonnell Douglas Aircraft Corporation
Decision Date | 04 October 1973 |
Docket Number | No. 73-1072.,73-1072. |
Citation | 485 F.2d 1288 |
Parties | Shirley J. LINDSAY, Executrix of the Estate of John Douglas Lindsay, Deceased, Appellant, v. McDONNELL DOUGLAS AIRCRAFT CORPORATION, a corporation, Appellee. |
Court | U.S. Court of Appeals — Eighth Circuit |
Charles E. Gray of Gray, Friedman & Ritter, St. Louis, Mo., for appellant.
R. E. Keaney, St. Louis, Mo., for appellee.
Before GIBSON and BRIGHT, Circuit Judges, and SMITH, Senior District Judge.*
This appeal concerns a review of the District Court's findings on remand of this same cause, reported as Lindsay v. McDonnell Douglas Aircraft Corporation, 460 F.2d 631 (8th Cir. 1972). The Honorable James H. Meredith, Chief Judge, Eastern District of Missouri, heard the original action and the case on remand.
Plaintiff originally brought this admiralty action under 46 U.S.C. § 761 (Death on the High Seas by Wrongful Act), seeking damages for the death of her husband arising out of the crash of a F4B Navy fighter plane manufactured by defendant. The District Court originally found for the defendant,1 and on appeal this court reversed and remanded for further findings.2
On remand, the District Court properly reviewed the evidence in light of the theory of strict liability in tort, found that the "aircraft was not on fire prior to hitting the ocean," and concluded that the plaintiff had not proved that the aircraft was defective. Lindsay v. McDonnell Douglas Aircraft Corporation, 352 F.Supp. 633, 633-634 (E.D.Mo. 1972).
We are again urged by appellant to review the factual findings under the clearly erroneous rule and also to hold that, as a matter of law, the evidence supports only one conclusion, namely that the plane was on fire as a result of a defect for which the appellee would be liable. Upon reviewing the evidence, we cannot say that there is no substantial support for the District Court's findings, even though we might have some disagreement with them and may have found otherwise as the original triers of the fact. Sitting as a reviewing court, we are mindful of the Supreme Court's admonition in Zenith Corp. v. Hazeltine, 395 U.S. 100, 123, 89 S.Ct. 1562, 1576, 23 L.Ed.2d 129 (1969):
(other citations omitted).
An appellate court accepts the presumption that the District Court's factual findings are correct,3 and does not reevaluate the evidence nor substitute its judgment for the District Court's firsthand evaluation. Friedman v. Fordyce Concrete, Inc., supra at 387; Indemnity Ins. Co. of North America v. Pioneer Valley Savings Bank, 343 F.2d 634, 643-644 (8th Cir. 1965); Consolidated Sun Ray, Inc. v. Oppenstein, 335 F.2d 801, 804 (8th...
To continue reading
Request your trial-
Mays v. Ciba-Geigy Corp., CIBA-GEIGY
...See Lindsay v. McDonnell Douglas Aircraft Corp., 460 F.2d 631, 640 (8th Cir.), on remand, 352 F.Supp. 633 (E.D.Mo.1972), aff'd, 485 F.2d 1288 (8th Cir.1973); Franks v. National Dairy Products Corp., 414 F.2d 682, 684 (5th Cir.1969); Bollmeier v. Ford Motor Co., 130 Ill.App.2d 844, 265 N.E.2......
-
Higginbotham v. Mobil Oil Corp.
...accident. We cannot say that his conclusion was clearly erroneous. 9 See Leverson v. Boeing Co., supra; Lindsay v. McDonnell Douglas Aircraft Co., 8 Cir. 1973, 485 F.2d 1288; Krause v. Sud-Aviation, supra; Montgomery v. Goodyear Aircraft Corp., 2 Cir. 1968, 392 F.2d Having eliminated Bell f......
-
Allison v. Merck and Co., Inc.
...See e.g., Lindsay v. McDonnell Douglas Aircraft Co., 460 F.2d 631 (8th Cir.1972), on remand 352 F.Supp 633, (D.C.), affirmed 485 F.2d 1288 (8th Cir.1973) (new navy jet caught on fire and crashed into ocean--court held that the fire was evidence of a malfunction which in turn was evidence of......
-
Stewart v. Ford Motor Co.
...See Lindsay v. McDonnell Douglas Aircraft Corp., 460 F.2d 631, 640 (8th Cir.), on remand, 352 F.Supp. 633 (E.D.Mo.1972), aff'd, 485 F.2d 1288 (8th Cir. 1973); Franks v. National Dairy Products Corp., 414 F.2d 682, 684 (5th Cir. 1969); Bollmeier v. Ford Motor Co., 130 Ill.App.2d 844, 265 N.E......