· 12/17/1984
Elsworth v. Beech Aircraft Corp.
Citations
- 691 P.2d 630
- 37 Cal. 3d 540
- 208 Cal. Rptr. 874
- 1984 Cal. LEXIS 136
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “in spite of the fact that federal law may have completely occupied the field of regulation of aircraft safety ... remedies that a party may have under state law” are not abridged by the FAA
- upholding a verdict in which the jury found the defendant liable for negligently violating FA A safety regulations
- affirming damages award against airplane manufacturer despite FAA approval under Type Certificate
- federal regulation does not implicitly preempt state damage actions for conduct inconsistent with regulations
- “[T]here is nothing inherently inconsistent in the proposition that even if the federal government has entirely occupied the field of regulating an activity a state may simultaneously grant damages for violation of such regulations.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mosk
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.