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."
Also: Legend Cub, Piper Orders, Postal UAVs?, IMC Club 'Brown Jacket Award', X-47B Refueling The Diamond DA62 has received its EASA Type certificate. After a sunny and warm day Wed>[...]
Also: United Bars Security Expert, Airborne Advisors, NTSB Video, Avidyne, Cessna, Airport Access Tempest Plus Marketing Group has announced support for Able Flight as a Platinum L>[...]
SnF2015 Sponsor: Always-Innovative Aspen Avionics Aspen Avionics specializes in bringing the most advanced technology and capability into general aviation cockpits. Our products in>[...]
Progressive Aerodyne Does it All -- Land, Sea and Sky! Explore 'no limits' living in the newly FAA certified Searey Elite Amphibious Light Sport Airplane. This distinctive aircraft>[...]
Aerospace Web Aerospaceweb.org is a non-profit site operated by engineers and scientists in the aerospace field. The goal of this site is to provide educational information on a va>[...]