Cairl v. Boeing Co.

Opinion

DUNN, J.

Plaintiffs appeal from an order (“judgment,” Code Civ. Proc., § 581d) dismissing their complaint following the sustaining of the demurrer of defendant, The Boeing Company, which asserted the court had no jurisdiction of the subject matter of the action. (Code Civ. Proc., § 430.10, subd. (a).)

Plaintiffs are the minor children of Earl Raymond Cairl, deceased, who sue through a guardian ad litem. Their verified complaint for alleged wrongful death is in five counts, each of which, excepting the fifth count, alleges decedent fell from a B-52 aircraft, negligently, defectively, etc.…