S. A. Empresa De Viacao Aerea Rio Grandense (Varig Airlines) v. Walter Kidde & Company, Inc.

Varig Airlines sued the Boeing Company and a component manufacturer, Weber Aircraft, a division of Walter Kidde & Co., for loss of the Boeing 707 that crashed outside Paris,' France, on July 11, 1973, en route from Brazil. Varig appeals from the summary judgment granted by the district court in favor of Weber.

The crash occurred after dense smoke completely filled the aircraft, suffocated many passengers, and obscured the pilot’s vision. One hundred twenty-four persons died and the aircraft was destroyed. The French Commission of Inquiry concluded that the probable cause of the crash was a fire that apparently broke out in the used towel receptacle in an aft lavatory. Weber manufactured the aft lavatory sink and cabinet unit which included the receptacle for used towels. Varig sought recovery from Weber on theories of (1) negligent design and manufacture of the sink and dispenser unit, (2) post-delivery negligence, and (3) strict liability in tort.

I. NEGLIGENT DESIGN AND MANUFACTURE THEORY

The district court granted summary judgment on the ground that Boeing, not Weber, was responsible for the design of the unit, and that the unit was manufactured by Weber to Boeing’s design…