AZ Court Rejects Request For Dismissal Of Jabiru Aircraft Lawsuit | Aero-News Network
Aero-News Network
RSS icon RSS feed
podcast icon MP3 podcast
Subscribe Aero-News e-mail Newsletter Subscribe

** Airborne 04.23.14--CLICK HERE! ** HD iPad-Friendly Version--Airborne 04.23.14 **
** Airborne 04.21.14--CLICK HERE! ** HD iPad-Friendly Version--Airborne 04.21.14 **
** Airborne 04.18.14--CLICK HERE! ** HD iPad-Friendly Version--Airborne 04.18.14 **

Tue, May 15, 2012

AZ Court Rejects Request For Dismissal Of Jabiru Aircraft Lawsuit

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."

FMI: http://azcourts.gov/AZCourts/CourtofAppeals.aspx

Advertisement

More News

Classic Aero-TV: Aero-Statesman Phil Boyer – Representing The Aviation Community

Retired AOPA President Still Understands What An Association Must Do To Serve An Embattled Industry Originally WebCast October 18, 2012: Its been nearly four years since Phil Boyer>[...]

AD: Ballonbau Wörner GmbH Balloons

AD NUMBER: 2014-07-10 PRODUCT: Ballonbau Wörner GmbH Models NL-280/STU, NL-380/STU, NL-510/STU, NL-640/STU, NL-840/STU, and NL-1000/STU balloons.>[...]

Airshow Pilot Bails Out After Catastrophic Aircraft Failure

Planning Ahead And Staying Safe Saves A Professional Airshow Pilot Dan Marcotte describes himself on his website as being determined and driven with a sense of vision. His adventur>[...]

ANN FAQ: Share Aero-News With Your Friends

Send Them A Story -- We Don't Mind! Do you need another set of eyes to see that story you can't believe Jim just wrote? Want to spread Hognose's unique wisdom and perspective to th>[...]

AD: Centrair Gliders

AD NUMBER: 2014-07-08 PRODUCT: Centrair Model 101, 101A, 101AP, and 101P gliders.>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2014 Web Development & Design by Pauli Systems, LC