Pakistan International Airlines Corporation v. The Boeing Company

Pakistan International Airlines (P.I.A.) appeals from a summary judgment entered for Boeing in this suit for damage to one of P.I.A.’s airplanes as a result of an alleged negligent inspection by Boeing employees. The District Court granted summary judgment based upon an indemnification clause in the original purchase agreement that indemnifies Boeing for acts or omissions connected with the aircraft after delivery to P.I.A. by Boeing. This court has jurisdiction under 28 U.S.C. Sec. 1291 .

FACTS:

P.I.A. purchased the subject aircraft from Boeing in 1961 pursuant to a purchase agreement. The aircraft was damaged during a hard landing at the Ankara, Turkey, airport on January 24, 1972. Two days later Boeing offered to have a survey team, that was already in route to Ankara on unrelated business, assist P.I.A. A Boeing consultant in Ankara informed Boeing on the same day that any charges or expenses of the survey team would require prior approval by P.I.A. management before Boeing could be reimbursed and that P.I.A. would greatly appreciate assistance from the survey team on a no-charge basis. The Boeing survey team performed a visual inspection of the damaged aircraft and left…