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September 2012

Phoenix Aviation Team Obtains Dismissal of Products Liability Injury Suit

Phoenix co-managing partner and Aviation Practice Chair Timothy McCulloch and associate Monica Ryden prevailed on a motion to dismiss all claims. Plaintiff alleged that our client, a former owner of an aircraft, was liable to her for severe burn injuries sustained when the aircraft she was in crashed outside of Las Vegas, New Mexico. Plaintiff alleged strict products liability, failure to warn, and negligence, against our client and others. The federal district court judge agreed with us that plaintiff’s allegations did not establish that our client was engaged in the business of selling aircraft as to support a claim for strict liability or that our client owed a duty to plaintiff, including a duty to warn. The court’s order cited extensively to counsel’s briefing regarding the limited duties imposed by Arizona’s products liability laws and Federal Aviation Administration regulations.  
 



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