Szatanek v. McDonnell Douglas Corp.

MEMORANDUM

ELFVIN, District Judge.

This is an action to recover wrongful death and survival damages brought by the estate of the decedent, Edward S. Szatanek. Szatanek was a crew member aboard an airplane manufactured by defendant McDonnell Douglas Corporation which crashed June 9, 1979 in Niagara Falls, N.Y. Plaintiff has now moved pursuant to Fed. R.Civ.P. rules 37(d) and 56(a) to strike defendant’s Answer and for summary judgment upon the issue of liability.

On June 17, 1983 defendant was served with plaintiff’s First Supplemental Request for Production of Documents and Things. Defendant was…