Victoria Berridge, Robert Cook, Robert Walsh, and the pilot, Scott Cowan, boarde

Question

Victoria Berridge, Robert Cook, Robert Walsh, and the pilot, Scott Cowan, boarded a Twin Otter airplane for a skydiving expedition. Shortly after takeoff, the right engine failed, and the airplane crashed. All four persons aboard the airplane died because of the crash. Plaintiffs, the decedents’ parents, filed a strict liability lawsuit for wrongful death against Doncasters, Inc., a company that manufactured the blades used in the turbine engines of the airplane. Plaintiffs introduced evidence at trial that showed that the blades manufactured by Doncasters were defective because the aluminide coating and base metal alloy used in the blades made the blades unsafe for use in the airplanes engine. Plaintiffs’ expert witnesses testified that the coating used by Doncasters was prone to cracking and that the base metal alloy had low oxidation resistance, both which made Doncasters’ blades defective. Other evidence showed that the blades had never passed a required 150-hour endurance test before they were installed. The parents sought compensatory damages for each of the deceased parties as well as punitive damages against Doncasters. Is Doncasters, Inc., strictly liable for the death of the deceased parties of the airplane crash because of a defect in design of the blades used in the engine of the crashed airplane? Is Doncasters liable for punitive damages?

Explanation / Answer

The blade condition used in the plane was defective. And this happened due to poor manufacturing and testing of the blades by the company. So the presented evidence will be enough to prove the same. So Doncasters, Inc., will be strictly liable for the death of the deceased parties of the airplane crash because of a defect in design of the blades used in the engine of the crashed airplane

In the above case Plaintiff has presented evidence which is enough to ask for the punitive damage. He has asked the court that the company did not pass its product with the 150- hour of endurance test. It means there is fault from the company side. So he has proved that the product installed was defective and caused the plane crash. Then he is liable to get the punitive damages from the company.

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