Lisellotte Moyer, Etc. v. Martin Marietta Corp., Etc.

SIMPSON, Circuit Judge:

Larry Eugene Moyer, a test pilot employed by American Airmotive, Inc., at Miami, Florida, was preparing to fly a B-57A aircraft owned by the United States of America on April 22, 1964, when the ejection seat was triggered while the plane was still on the ground. The pilot was thrown into the air by the explosive charge associated with the ejection seat and was killed instantly when he fell on the paved runway.

The widow and administratrix of the decedent, Lisellotte Moyer, brought suit for wrongful death in the court below, against the manufacturer of the aircraft,…