Victoria Berridge, Robert Cook, Robert Walsh, and the pilot, Scott Cowan, boarde
ID: 400103 • Letter: V
Question
Victoria Berridge, Robert Cook, Robert Walsh, and the pilot, Scott Cowan, boarded a Twin Otter airplane for a skydiving expedition. Shortly after takeoff, the right engine failed, and the airplane crashed. All four persons aboard the airplane died because of the crash. Plaintiffs, the decedents’ parents, filed a strict liability lawsuit for wrongful death against Doncasters, Inc., a company that manufactured the blades used in the turbine engines of the airplane. Plaintiffs introduced evidence at trial that showed that the blades manufactured by Doncasters were defective because the aluminide coating and base metal alloy used in the blades made the blades unsafe for use in the airplanes engine. Plaintiffs’ expert witnesses testified that the coating used by Doncasters was prone to cracking and that the base metal alloy had low oxidation resistance, both which made Doncasters’ blades defective. Other evidence showed that the blades had never passed a required 150-hour endurance test before they were installed. The parents sought compensatory damages for each of the deceased parties as well as punitive damages against Doncasters. Is Doncasters, Inc., strictly liable for the death of the deceased parties of the airplane crash because of a defect in design of the blades used in the engine of the crashed airplane? Is Doncasters liable for punitive damages?
Explanation / Answer
Before accessing the liability of company in death and defective design of the blade first Plaintiff has to prove that the blade condition was defective. Plaintiff has presented evidence which proves the same. As per the case, because the accident happened due to right engine failure and it had also been proved the accident was happened due to faulty manufactured blade hence the presented evidence will be enough to prove that the accident happened due to the poor manufacturing of the company and hence he will also be liable to ask for punitive damages happened with him.
If plaintiff wants to prove punitive charges then he has to prove that the product was dangerous and Company knew it. Plaintiff presented the evidence in the court that the product did not pass 150 hours of endurance test before installing in the plane. It shows the company knew about it but still installed that product in the aero plane. hence the company will be liable for same.
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