Leasman

Leasman v. Beech Aircraft Corp.

Good Law
121 Cal. Rptr. 768·1975 Cal. App. LEXIS 1121·48 Cal. App. 3d 376
Court of Appeal of CaliforniaMay 22, 1975Civ. No. 33052California2,375 words

Opinion

Lead Opinion

Molinari, J.

Plaintiff appeals from a judgment granting defendants’ motion for a summary judgment. 1 The issue presented is whether the trial court properly granted the motion.

*379 A complaint for damages' was filed by plaintiff against defendants alleging that on May 10, 1970, while riding as a passenger on a Beech Travelaire airplane a trim tab broke requiring the airplane to make an emergency landing, proximately causing injuries to plaintiff. The complaint alleged that plaintiff sustained “injury to her body and shock and injury to her nervous system and person,” and that she “became sick, sore, lame, and disabled; all of which said injuries have caused and continue to cause said plaintiff great mental, physical, and nervous pain and suffering.” The complaint alleges that the trim tab broke due to the negligent act or omission on the part of defendants in designing, manufacturing, servicing and testing the Beech Travelaire.

Defendants filed a motion for summary judgment. In support of their motion they submitted the depositions of plaintiff, Dr. James A. Sawtell, plaintiff’s physician, Dr. Burton White, plaintiff’s psychiatrist, and the declaration of the attorney for…

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