17 Fed. R. Evid. Serv. 758, prod.liab.rep.(cch)p 10,610 Barbara A. Brocklesby v. United States of America, and Jeppesen and Company

Barbara Brocklesby, Nancy Evans, Frank Evans, Katherine Evans, Norma Chapman, and World Airways, Inc. (collectively “the plaintiffs”) brought this action against the United States of America (“the Government”) and Jeppesen and Company (“Jeppesen”), seeking damages for wrongful deaths and property damage arising from an airplane crash near Cold Bay, Alaska. In a bifurcated trial, the jury returned a verdict against Jeppesen. Before the district court disposed of claims against the Government, the Government settled with the plaintiffs. An order dismissing the Government was entered. Jeppesen appeals from the jury verdict and seeks indemnification from the Government. We affirm.

I

BACKGROUND

On September 8, 1973, an aircraft owned by World Airways crashed into a mountain near Cold Bay, Alaska, killing all six crew members and destroying the aircraft and its contents. World Airways and the survivors of the deceased crew members brought separate actions against the Government and Jeppesen, alleging, inter alia, that the accident was caused by defects in an instrument approach procedure developed by the Government and published by Jeppesen. The actions were consolidated for…