Free Order on Motion for Judgment as a Matter of Law - District Court of Colorado - Colorado

Case 1:01-cv-02056-JLK

Document 244

Filed 09/11/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-cv-02056-JLK UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; PAUL LEADABRAND, an Idaho resident; and JEFLYN AVIATION, INC. dba ACCESS AIR, an Idaho corporation, Plaintiff, v. PILATUS BUSINESS AIRCRAFT, LTD, a Colorado corporation; PILATUS FLUGZEUGWERKE AKTIENGESELLSCHAFT, a Swiss corporation; PILATUS AIRCRAFT, LTD, a Swiss corporation; PRATT & WHITNEY CANADA, INC.; and DOES 1 through 500, Inclusive, Defendants. ________________________________________________________________________ ORDER ________________________________________________________________________ KANE, J. This aviation products liability action was tried to a jury in June, resulting in a mixed but favorable verdict for Plaintiffs. It is before me now on Defendant Pratt & Whitney Canada's Motion for Judgment as a Matter of Law or for New Trial (Doc. 214), together with the Pilatus Defendants' Motion for Joinder therein (Doc. 215), which is GRANTED. After careful consideration of each of Pratt & Whitney's assertions of error in the jury's findings, I reject the contention that any of the jury's verdict was supported by legally insufficient evidence and DENY the Motion for Judgment as a Matter of Law.

Case 1:01-cv-02056-JLK

Document 244

Filed 09/11/2007

Page 2 of 2

I also decline to exercise my discretion to order a new trial. Further challenges to the verdict must be made to the Court of Appeals.

Dated September 11, 2007.

s/John L. Kane SENIOR U.S. DISTRICT JUDGE

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