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Gianni v. Fort Wayne Air Service

Palmina C. Gianni, Administratrix of the Estate of Sebastian S. Gianni, Deceased, and Eunice H. McMahon Administratrix of the Estate of Donald H. McMahon Deceased v. Fort Wayne Air Service, Inc.

Gianni v. Fort Wayne Air Serv., 342 F.2d 621 (7th Cir. 1965)
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Court
Court of Appeals for the Seventh Circuit · U.S. Courts of Appeals
Decided
March 10, 1965
Docket
No. 14762_1
Citations
342 F.2d 621

Opinion

342 F.2d 621

Palmina C. GIANNI, Administratrix of the Estate of Sebastian S. Gianni, Deceased, and Eunice H. McMahon, Administratrix of the Estate of Donald H. McMahon, Deceased, Plaintiffs-Appellants, v. FORT WAYNE AIR SERVICE, INC., Defendant-Appellee.

No. 14761.

No. 14762.

United States Court of Appeals Seventh Circuit.

February 11, 1965.

Rehearing Denied March 10, 1965.

1

Dempsey A. Cox and Benjamin Piser, South Bend, Ind., for appellant.

2

Arthur W. Parry, Parry & Krueckeberg, John H. Krueckeberg, Fort Wayne, Ind., for defendant-appellee.

3

Before DUFFY and KILEY, Circuit Judges, and GRUBB, District Judge.

4

GRUBB, District Judge.

5

Wrongful death actions. Plaintiffs are residents of Connecticut. Their causes of action arise out of an airplane crash in Massachusetts in which their husbands were killed on March 25, 1961. Defendant is an Indiana corporation with its principal office and place of business in Indiana. The alleged negligence in inspecting a plane took place in Indiana. The actions were commenced in the Indiana District Court on September 25, 1962, eighteen months after the accident.

6

The Massachusetts wrongful death statute requires that such actions shall be commenced within one year from the date of death. It contains a saving clause tolling the statute during the time the defendant is out of the State of Massachusetts. Indiana has a two-year limitation with reference to wrongful death actions. The district court held that the Massachusetts one-year statute of limitations was to be applied, that the Massachusetts tolling provision did not apply, and entered orders dismissing the complaints.

7

This court has considered and passed upon the conflict of laws question involving Indiana in a decision handed down herewith in the case of Watts v. Pioneer Corn Company, Inc., 342 F.2d 617 (decided February 11, 1965), where the authorities are there set forth. It would serve no purpose to again set out the authorities on that question herein.

8

We hold that for the reasons stated in the Watts case, the Indiana statute of limitations should have been applied.

9

The orders appealed from are hereby reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1966: 11967: 11968: 11969: 11970: 11980: 11982: 11984: 11985: 11986: 119662026peak 1966 · 1

Relies on it most ⓘ

  1. Maroon v. State, Department of Mental Health411 N.E.2d 404 (Ind. Ct. App. 1980)
  2. Horvath v. Davidson264 N.E.2d 328 (Ind. Ct. App. 1970)
  3. Reich v. Purcell432 P.2d 727 (Cal. 1967)
  4. Marmon v. Mustang Aviation, Inc.430 S.W.2d 182 (Tex. 1968)
  5. John F. White, Administrator D.B.N., C.T.A., of the Estate of Theodore N. Townsend, Deceased v. United States680 F.2d 1156 (7th Cir. 1982)
  6. Bates v. Cook, Inc.615 F. Supp. 662 (M.D. Fla. 1984)

Most recent

  1. ESTATE OF KUBA BY KUBA v. Ristow Trucking Co., Inc.660 F. Supp. 1069 (N.D. Ind. 1986)
  2. Western Smelting & Metals, Inc. v. Slater Steel, Inc.621 F. Supp. 578 (N.D. Ind. 1985)
  3. Bates v. Cook, Inc.615 F. Supp. 662 (M.D. Fla. 1984)
  4. John F. White, Administrator D.B.N., C.T.A., of the Estate of Theodore N. Townsend, Deceased v. United States680 F.2d 1156 (7th Cir. 1982)
  5. Maroon v. State, Department of Mental Health411 N.E.2d 404 (Ind. Ct. App. 1980)
  6. Horvath v. Davidson264 N.E.2d 328 (Ind. Ct. App. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Watts v. Pioneer Corn Co., 342 F.2d 617 (7th Cir. 1965) 33

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