Wilma L. Argubright, Individually and as Next Friend of Kurt Argubright, a Minor, Etc., Cross-Appellants v. Beech Aircraft Corporation, Cross-Appellee

LITTLE, District Judge:

This diversity action raises the question under Texas law of when a potential hazard in a product may be deemed so open and obvious as to obviate any duty of the manufacturer to warn prospective users. Finding that the instant hazard was sufficiently obvious, we reverse the judgment entered by the district court against the manufacturer.

The fatal injuries which gave rise to this lawsuit occurred on 27 April 1982 when the plane carrying the decedents, James L. Ar-gubright and Peter J. Kerckhof, crashed just after takeoff. Argubright was acting as pilot, under the…