ōKuma v. The Boeing Company
Tokyo District Court
Hanrei Jihō (No. 1113) 26 (1984)
- Written by David Bloom, JD
Facts
A Japanese Air Force helicopter crashed in Japan, killing the crew members on board. The helicopter was manufactured by the Vertol Aircraft Company (Vertol), an American corporation that dissolved years before the crash. Vertol sold the helicopter to the United States Air Force, from which the Japanese Air Force acquired the helicopter. The Boeing Company (Boeing) (defendant) had previously acquired Vertol’s assets and assumed Vertol’s liabilities. Families of the crew members (plaintiffs) sued Boeing, as Vertol’s successor, alleging that the crash occurred due to a manufacturing defect. Boeing motioned to dismiss the tort action for lack of jurisdiction, arguing that when Vertol manufactured the helicopter, an accident in Japan was unforeseeable.
Rule of Law
Issue
Holding and Reasoning (Murashige, J.)
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