Merilyn W. Butcher v. Cessna Aircraft Company, Martha J. Noble v. Cessna Aircraft Company, Carolyn S. Durbin v. Cessna Aircraft Company

JOHNSON, Circuit Judge.

The widows of the victims of a small plane crash appeal from two district courts’ summary judgment dismissal of their products liability suit against Cessna Aircraft Co., the manufacturer of the airplane. The district courts in this consolidated suit held that the widows were precluded from suing Cessna because they made inconsistent statements in an earlier state suit and were thus barred by the doctrines of election of remedies and judicial estoppel. Because we hold that there was a genuine issue of fact on a key element of election of remedies or judicial estoppel…