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U.S. AVIATION UNDERWRITERS, INC. v. PILATUS BUSINESS AIRCRAFT, LTD.

No. CIV.A. 01-K-2056.

358 F.Supp.2d 1021 (2005)

UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; Paul Leadabrand, an Idaho resident; and Jeflyn Aviation, Inc. dba Access Air, an Idaho corporation, Plaintiff, v. PILATUS BUSINESS AIRCRAFT, LTD, a Colorado corporation; Pilatus Flugzeugwerke Aktiengesellschaft, a Swiss corporation, Pilatus Aircraft, Ltd, a Swiss corporation; Pratt & Whitney Canada, Inc., and Does 1 through 500, Inclusive, Defendants.

United States District Court, D. Colorado.

February 28, 2005.

Attorney(s) appearing for the Case

Jon A. Kodani, Law Offices of Jon A. Kodani, Santa Monica, CA, for Plaintiffs.

Robert B. Schultz, Atty at Law, Arvada, CO, Thomas J. Byrne, Byrne, Kiely & White, Denver, CO, for Defendants.

ORDER ON MOTION FOR SUMMARY JUDGMENT

KANE, District Judge.

This products liability action arises out of the mid-flight failure of an airplane engine over the Sea of Okhotsk, approximately 200 miles off the eastern coast of Russia, resulting in an emergency water landing and the ultimate rescue of the pilot and his three Japanese citizen passengers from their floating life raft. At the time the engine failed, the airplane was cruising at an altitude of 27...

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