TORTS & AVIATION / Where (1) defendant overhaul provider made multiple mistakes in installing a magneto component manufactured by plaintiff into an aircraft; (2) aircraft subsequently crashed, causing injuries to third parties; but (3) no judgment entered against plaintiff manufacturer by any third party, held: Common law indemnity cause of action would not lie against defendant overhaul provider.

Continental Motors, Inc. v. Jewell Aircraft, Inc., 2012 WL 5950374 (S.D. Ala. November 28, 2012). Free copy available here.

Who is affected? Any party pleading common law indemnity under Kentucky law.

“On November 21, 2006, a Piper Lance Cherokee aircraft (the ‘Aircraft’) went down near Bardstown, Kentucky, resulting in serious injuries to its occupants, Larry Dale Crouch and Teddy Lee Hudson. Defendant, Jewell Aircraft, Inc., and others had overhauled the Aircraft’s engine in spring 2005. During that overhaul process, Jewell Aircraft installed a magneto manufactured by plaintiff, Continental Motors, Inc. (‘Continental’), in the Aircraft’s engine. Jewell Aircraft performed this task incorrectly in several respects, Continue reading