Legal Opinion
Dutton v. Sikorsky Aircraft
District Court, D. Connecticut
Decided May 19, 1959No. Civ. A. No. 7623PublishedCited by 1 opinion
1Opinion of the Court
J. JOSEPH SMITH, Chief Judge.
This is an action in two counts brought by the representative of the estate of a marine killed in the crash in Georgia of a helicopter manufactured and sold by *515defendant in Connecticut. The first count sounds in negligence, the second in breach of warranty. Defendant moves under Rule 12(b), F.R.Civ.P., 28 U.S. C.A., to dismiss the second count on two grounds, lack of privity essential under Connecticut law, and failure of the Georgia Wrongful Death Act to provide recovery for death caused by breach of warranty.
The first ground is well taken. Borucki v. MacKenzie…
2Cases cited4 opinions
- Borucki v. MacKenzie Brothers Co., Inc.Supreme Court of Connecticut · 1938
- Tralli v. Triple X Stores, Inc.Connecticut Superior Court · 1954
- Hermanson v. HermansonConnecticut Superior Court · 1954
- Barrett v. Air Reduction Co.Connecticut Superior Court · 1955
3Cited by1 opinion
- Hinton v. Republic Aviation CorporationDistrict Court, S.D. New York · 1959