Legal Opinion
Eyerly Aircraft Co. v. Jack Killian, Individually and for and on Behalf of Jan Killian, a Minor
Court of Appeals for the Fifth Circuit
Decided August 5, 1969No. 26275PublishedCited by 98 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge.
Our question in this diversity case is whether the Texas “Long Arm” statute has the stretch, within constitutional permissibility, to embrace the products liability action before us. 1 We find both the stretch and the embrace.
Jan Killian was seriously injured in a fall from an amusement ride in Dallas, Texas. Seeking to recover damages on account of Jan’s injury, Jack Killian, individually and on behalf of Jan (his minor daughter), filed suit against Eyerly Aircraft Company, the manufacturer of the ride which is known as a Rock-O-Plane, 2 and against Jack Eyerly, the…
2Cases cited58 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Hanson v. DencklaSupreme Court of the United States · 1958
- McGee v. International Life InsuranceSupreme Court of the United States · 1957
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3Cited by98 opinions
- Wells Fargo & Co. v. Wells Fargo Express Co.Court of Appeals for the Ninth Circuit · 1977
- Guidry v. United States Tobacco Co.Court of Appeals for the Fifth Circuit · 1999
- Leasco Data Processing Equipment Corp. v. MaxwellCourt of Appeals for the Second Circuit · 1972
- Gene M. Oswalt Et Vir v. Scripto, Inc., Defendant-Third Party v. Tokai-Seiki Kk, a Japanese Corporation, Defendant-Third PartyCourt of Appeals for the Third Circuit · 1980
- Honeywell, Inc. v. Metz ApparatewerkeCourt of Appeals for the Seventh Circuit · 1975
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