Campbell

Campbell v. Parker-Hannifin Corp.

Good Law
1999 Cal. App. LEXIS 135·69 Cal. App. 4th 1534·82 Cal. Rptr. 2d 202·99 Daily Journal DAR 1603·99 Cal. Daily Op. Serv. 1296
Court of Appeal of CaliforniaJanuary 21, 1999A078285California4,728 words

Opinion

Opinion

Kline, J.

Plaintiff Elizabeth Rosemary Campbell and 19 other heirs of victims of a fatal airplane crash in Australia appeal from the trial court’s ruling granting summary judgment in favor of defendant Cessna Aircraft Company and staying the action as to defendants Parker-Hannifin Corporation, Instrument Pro, Inc., and Brent’s International, Inc., on grounds of forum non conveniens. Appellants contend the trial court abused its discretion in granting the forum non conveniens motion, and it erred in granting summary judgment for Cessna because there were triable issues of fact regarding the applicability of exceptions to the federal statute of limitations.

We find no abuse of discretion in the trial court’s ruling staying the action as to Parker-Hannifin Corporation, Instrument Pro, Inc., and Brent’s International, Inc., based on the doctrine of forum non conveniens. We also affirm the ruling granting summary judgment in favor of Cessna Aircraft Company.

I. Factual and Procedural Background

Factual Background

The airplane that crashed was a Cessna twin-engine model 31 OR, serial No. 310R0130, manufactured at Cessna’s Kansas plant in 1975. The aircraft included gyroscopic flight…

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