Legal Opinion
Stoddard v. Ling-Temco-Vought, Inc.
District Court, C.D. California
Decided January 27, 1981No. CV-72-1294-PGHPublishedCited by 40 opinions
1Opinion of the Court
ORDER
HATFIELD, District Judge.
IT IS HEREBY ADJUDGED AND ORDERED as follows:
1. There is no right to a jury trial in this case, and trial shall be by the court with an advisory jury.
2. Strict products liability, including the defense of assumption of risk as set forth in Section 402A, Restatement of Torts 2d, comment n. is applicable in this lawsuit.
3. Res Ipsa Loquitur is applicable under the facts as alleged by plaintiffs, as against both the United States and against LTV, et al. The burden of proving the elements of res ipsa loquitur is on the plaintiffs.
4. In exercise of the court’s power…
2Cases cited84 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- United States v. MitchellSupreme Court of the United States · 1980
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
- Robert La Mar v. H & B Novelty & Loan Company, Ronald J. Kinsling v. Allegheny AirlinesCourt of Appeals for the Ninth Circuit · 1973
79 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Jolly v. Eli Lilly & Co.California Supreme Court · 1988
- In Re Mexico City Aircrash of October 31, 1979 Consolidated Proceedings. Gary Steve Haley, as Heir and of Deceased Theresa Yoriko Sugano Haley, Gary Steven Haley, Special Administrator for the Estate of Theresa Yoriko Sugano Haley v. Western Airlines, Inc., Blanca Estela Paz Tovar, Heir and of Deceased Regina Patricia Tovar Blanca Estela Paz Tovar, Special Administrator for the Estate of Regina Patricia Tovar, Anthony John Dzida, as Heir and of Deceased Vikki Dzida, Anthony John Dzida, Special Administrator for the Estate of Vikki Dzida, Plaintiff v. Western Airlines, Inc., a Delaware Corporation, McDonnell Douglas Company, Inc., a Maryland Corporation Estate of Charles Gilbert Sperry-Rand, Inc., Sunstrand Data Control, Inc., a Foreign Corporation Bendix Corporation, Flight Systems Division, a Delaware Corporation Rockwell International, Inc. Collins Air Transport Division, a Foreign Corporation Thompson, C.F.S., a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1983
- A-Plus Janitorial & Carpet Cleaning v. the Employers' Workers' Compensation Ass'nSupreme Court of Oklahoma · 1997
- Volb v. G.E. Capital Corp.Supreme Court of New Jersey · 1995
- Pedro Cardona Muniz v. National Can CorporationCourt of Appeals for the First Circuit · 1984
35 more not listed; retrieve them via the Exa API.