Martin Ex Rel. Heckman v. MIDWEST EXP. HOLDINGS
Opinion
Opinion
John P. McNicholas, McNicholas & McNicholas, Los Angeles, CA, for the plaintiffs.
Ralph S. LaMontagne, Jr., Shaw Terhar & LaMontagne, Los Angeles, CA, for the defendants-third-party-plaintiffs-appellants.
Arthur I. Willner, Berger Khan, Los Angeles, CA, for the third-party-defendant-appellees.
Before: ALEX KOZINSKI, Chief Judge, CARLOS T. BEA, Circuit Judge, and MARILYN L. HUFF, [*] District Judge.
KOZINSKI, Chief Judge.
We consider whether, and to what extent, the Federal Aviation Act, 49 U.S.C. §§ 40101 et seq., preempts an airline passenger's personal injury claims.
A pregnant woman fell from an airplane's stairs, injuring herself and her fetus. She sued the airline, Midwest Express, and the airplane's manufacturer, Fairchild Dornier and related companies, alleging that the stairs were defectively designed because they had only one handrail. Midwest Express settled the claim for $8 million, and now seeks indemnity from the manufacturer. Relying on Montalvo v. Spirit Airlines, 508 F.3d 464 (9th Cir.2007), the manufacturer argues that the Federal Aviation Act preempts the passenger's personal injury claims and, consequently, Midwest Express' indemnity claim.