Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

WETZEL v. MCDONNELL DOUGLAS CORP.

June 18, 1980

JUDITH B. WETZEL, Executrix of the Estate of LT. KENNETH R. WETZEL, in her own right and as parent and natural guardian of the minor children, KENNETH M. and KIMBERLY WETZEL
v.
McDONNELL DOUGLAS CORPORATION and CURTISS-WRIGHT CORPORATION



The opinion of the court was delivered by: BRODERICK

MEMORANDUM

The defendant, Curtiss-Wright Corporation, *fn1" has moved for summary judgment against the plaintiff, Judith B. Wetzel, in this 402A action. The defendant claims that the wrongful death action instituted by the plaintiff is barred by the applicable statute of limitations, and that the plaintiff has not alleged a survival action, which it concedes would not be barred by the applicable statute of limitations. The plaintiff controverts each of the defendant's claims.

 This action arises out of the crash of an A-4C naval aircraft on July 23, 1974 at the Naval Air Facility at Warminster, Pennsylvania. The complaint alleges that the aircraft, which was piloted by the plaintiff's husband, Lieutenant Kenneth R. Wetzel, crashed at approximately 2:22 p.m. on that day while Lt. Wetzel was attempting to land the aircraft. Lt. Wetzel was killed in the crash. The complaint in this action was filed on July 19, 1976, only four days less than two years after the crash occurred. Subject matter jurisdiction was based upon diversity of citizenship, and the complaint alleged that the cause of the crash was a design defect in the aircraft's engine, which caused the engine "to overheat and to fail during flight."

 The plaintiff captioned the complaint as follows:

 
Judith B. Wetzel, Executrix of the Estate of Kenneth R. Wetzel, in her own right and as parent and natural guardian of the minor children, Kenneth M. and Kimberly Wetzel

 vs.

 
McDonnell Douglas Corporation

 and

 
Curtiss-Wright Corporation

 The complaint also stated:

 
The Plaintiff is the wife and Executrix of the deceased Kenneth R. Wetzel, and sues in her behalf, and as the parent and natural guardian of the two minor children of the marriage, namely Kenneth M. Wetzel, age 4, and Kimberly Wetzel, age 7.

 Finally, paragraph eight of the plaintiff's complaint stated:

 
Plaintiff avers that as a result of this crash her husband, and the father of the minor children, was killed and that they and each of them are entitled to recover their damages as prescribed by law.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.