Tue, May 15, 2012
Says Australian Company Can Be Sued In The State Of Arizona
An Arizona court said it will allow a lawsuit against Australian kitplane manufacturer Jabiru Aircraft Company to go forward despite the fact that it's headquartered on the other side of the planet.
The Arizona state Court of Appeals said that because Jabiru clearly understood that its kits were being sold in the U.S. through a dealer and distribution network, the lawsuit could go forward in Arizona. The company is being used over an accident in 2008 in which the pilot was fatally injured.
The Arizona Daily sun reports that the family of pilot Gerald Van Heeswyk of Marana, AZ, said he had completed his kit, which was sold by Jabiru USA Sport Aircraft in Tennessee, in 2007. It was first flown by a a test pilot hired by Van Heeswyk after it had passed its inspections, and then for several hours by the owner/builder. But during a flight on June 1st 2008, the propeller came off the airplane and it went down, resulting in the fatal injury.
Jabiru has no employees in Arizona, and a trial judge initially ruled that the state had no jurisdiction in the case. Jabiru's lawyers argued that the company's liability ended when the distribute received the engine in Tennessee, and that it had no way to know that it would wind up in Arizona. But the appeals court pointed out that the company had sold 61 products in Arizona the year Van Heeswyk bought his kit, including five engines, and that it was part of a "stream of products" that were specifically exported to final destinations in Arizona. Sales in the state amounted to 2 percent of the company's overall sales in that year.
In the ruling written by judge Garye Vasquez for the panel that it could not ignore the fact that the Australian company receives the "bulk of the economic benefit from its sales in 'distant forums' such as Arizona."
Says 'It's Just Common Sense ... To Stay Off The Phone’ Transportation and Infrastructure Chairman Bill Shuster (R-PA) introduced a bill Monday prohibiting in-flight cell pho>[...]
An Amazing Melding Of Motion, Visual And Aerodynamic Response In An Affordable Training Device While at the Redbird Migration 2013 meeting, ANN CEO and Editor-In-Chief, Jim Campbel>[...]
AD NUMBER: 2013-24-03 PRODUCT: Certain Beechcraft Corporation (type certificate previously held by Hawker Beechcraft Corporation) Models 1900, 1900C, and 1900D airplanes.>[...]
AD NUMBER: 99-01-05 R1 PRODUCT: Certain aircraft equipped with wing lift struts>[...]
The National Heritage Warbird Foundation The National Heritage Warbird Foundation is a great source of pride for our family and we hope that you find it informative and enlightenin>[...]