Ronald G. Forsyth v. Cessna Aircraft Company
Court of Appeals for the Ninth Circuit
1ConcurrenceWollenberg, District Judge
I concur in the result reached by Judge Kilkenny, but I think the case presents a true conflict situation which should be resolved in the manner suggested by Judge Sneed in his concurring opinion. My reading of McDaniel v. Sinn, 194 Kan. 625, 400 P.2d 1018 (1965), and La Prelle v. Cessna Aircraft Company, 85 F.Supp. 182 (D.Kan.1949), convinces me that Kansas would apply its own substantive law if this action were brought in a Kansas forum. Since Kansas does not recognize strict liability as a basis for recovery, Kansas would refuse *615to apply the conflicting law of either Oregon or Washington.…
2Cases cited2 opinions
- McDaniel v. SinnSupreme Court of Kansas · 1965
- La Prelle v. Cessna Aircraft Co.District Court, D. Kansas · 1949