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 11.24.14 ** HD iPad-Friendly -- Airborne 11.24.14 **
** Airborne 11.21.14 ** HD iPad-Friendly -- Airborne 11.21.14 **
** Airborne 11.19.14 ** HD iPad-Friendly -- Airborne 11.19.14 **

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

ANN's Daily Aero-Linx (11.26.14)

FAA Aviation Safety Information Analysis And Sharing System (ASIAS) The Federal Aviation Administration (FAA) promotes the open exchange of safety information in order to continuou>[...]

ANN's Daily Aero-Term (11.26.14): Density Altitude

Pressure altitude corrected for nonstandard temperature. Density altitude is used in computing the performance of an aircraft and its engines.>[...]

Aero-News: Quote Of The Day (11.26.14)

“We hope to never see an event like this again, but, we must be prepared." Source: FAA Administrator Michael Huerta, on the release of the agency's 30 report on the fire at t>[...]

ANN FAQ: It's Alive! ANN REALTIME NewsBug Headlines for YOUR Desktop!

It's For Real! ANN REALTIME NewsBug Released To ANN Readers, Worldwide For those of you using a windows PC (MAC version in the works... we promise), a new REALTIME News Service fro>[...]

Helicopters Still Flying Tourists Over Hudson River

But Activists Continue To Call For A Ban On The Flights A group of activists in New York and New Jersey are still working to have sightseeing flights over New York City and the Hud>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

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