United States Fourth Circuit

Summary judgment for defendant on plaintiff's claims of negligence, strict liability, and breach of express and implied warranties arising out of the fatal crash of an aircraft is vacated to the extent that genuine issue of material fact exists as to whether the maintenance manual, which plaintiff alleged contained errors that caused the crash, was a separate product apart from the aircraft.

Appellate Information

• Decided 10/18/2007
• Published 10/18/2007

Judges

• Before KING and GREGORY, Circuit Judges, and FRANK D. WHITNEY, United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mark Andrew Dombroff, Dombroff & Gilmore, P.C., McLean, Virginia, for Appellant.  Michael Gordon Jones, Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., Wichita, Kansas, for Appellee.   ON BRIEF:  Morgan W. Campbell, Thomas B. Almy, Dombroff & Gilmore, P.C., McLean, Virginia, for Appellant.  Robert T. Hall, Holly Parkhurst Essing, Hall, Sickels, Frei & Kattenburg, Reston, Virginia;  William L. Oliver, Jr., Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., Wichita, Kansas, for Appellee.