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  • John McShain, Inc. v. Cessna Aircraft Co.John McShain, Inc. v. Cessna Aircraft Co.
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John McShain, Inc. v. Cessna Aircraft Co.

United States Court of Appeals for the Third Circuit
563 F.2d 632 (3d Cir. 1977)


John McShain, Inc. (McShain) (plaintiff) purchased a plane that was manufactured by Cessna Aircraft Company (Cessna) (defendant). The plane had mechanical issues with its landing gear. McShain hired Butler Aviation-Friendship, Inc. (Butler) (defendant) to repair the plane. However, the landing gear continued to fail after the repairs. McShain brought a defective-design suit against Cessna, and Butler was joined as a third-party defendant. Before filing suit, McShain had signed a release agreement releasing Butler from liability in exchange for $10 and the use of Ralph Harmon as an expert consultant. Harmon was an employee of Butler’s sister corporation. At trial, Harmon testified on behalf of McShain. Cessna then introduced the release agreement into evidence, over McShain’s objection. The jury returned a verdict in favor of Cessna. McShain moved for a new trial, and the trial court denied the motion. McShain appealed.

Rule of Law


Holding and Reasoning (Per curiam)

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