Gilbert Davis Susan Davis v. Hegar 4 Products, Inc.

990 F.2d 1256 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gilbert DAVIS; Susan Davis, Plaintiffs-Appellants, v. HEGAR 4 PRODUCTS, INC., Defendants-Appellees. No. 91-35788. United States Court of Appeals, Ninth Circuit. Submitted Aug. 19, 1992. * Filed Oct. 9, 1992. Withdrawn March 4, 1993. Filed March 8, 1993. Before WRIGHT, BEEZER and LEAVY, Circuit Judges. 1 Upon consideration of the petition for rehearing filed on October 23, 1992, the court grants the petition. The memorandum disposition filed on October 9, 1992 is withdrawn. 2 MEMORANDUM ** 3 Gilbert E. Davis was at the controls of his experimental airplane, the Davis Flying Wing, when its power transmission belt broke. The ensuing emergency landing rendered Davis a paraplegic. He brought a products liability suit against the belt's manufacturer and distributors. Ruling on summary judgment, the district court dismissed Davis' failure to warn claim and dismissed defendant T.B. Wood's Sons Company. After the…