Trishan Air, Inc. v. Dassault Falcon Jet Corp.
United States Court of Appeals for the Ninth Circuit
532 F. App'x 784 (2013)
- Written by Salina Kennedy, JD
Facts
Trishan Air, Inc. (Trishan) (plaintiff) bought a plane from Dassault Falcon Jet Corporation (Dassault) (defendant). The plane crashed, and Trishan sued Dassault in federal court, asserting California state-law claims for strict products liability and breach of express and implied warranties. California treated these claims as equivalent, alternative methods of pleading the same basic theory of liability. The trial court instructed the jury to compare the parties’ fault and to apportion damages. The jury found that Trishan was 70 percent liable for the plane crash. Based on its apportionment of fault, the jury awarded Trishan reduced damages of $3.5 million for its breach-of-warranty claims. Trishan appealed, arguing that the trial court should not have applied comparative fault to reduce Trishan’s recovery on its breach-of-warranty claims.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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