Thornton v. M7 Aerospace, L.P., No. 14-1707 (7th Cir. 2015)Annotate this Case
On May 7, 2005, a commuter aircraft, operated by Transair, crashed into terrain on its way to the Lockhart River airfield in Queensland, Australia. All 15 people on board died. The estates sued several companies and one individual, alleging that they contributed to the crash. The Seventh Circuit consolidated appeals in the case against the successor to the plane’s manufacturer and the case against the manufacturer of the plane’s warning system and maker of navigational charts. In both, the district court granted the defendants summary judgment and the Seventh Circuit affirmed. The successor had no duty to warn the plane’s operator of the need to install a more enhanced warning system, and the operator did not rely on any alleged voluntary undertaking of a duty to warn. The plaintiffs did not properly present any evidence from which a reasonable jury could infer that the defendants’ products probably contributed to the crash, and the warning system’s manufacturer had no duty to alert the customer that an improved system should be installed.