Case Study: Tennimon V. Bell Helicopter Textron Inc.
Tennimon V. Bell Helicopter Textron Inc.
Brief and explanation: In 1984, appellant Elaine Tennimon, as personal representative of decedent’s estate filed suit for wrongful death against appellee helicopter manufacturer. The district court granted summary judgment in favor of appellee helicopter manufacturer on the ground that appellant’s wrongful death suit was barred by the statute of limitations. Appellant, Elaine Tennimon appeals the district courts grant of summary judgment in favor of Bell Helicopter Textron Inc.
Facts: The suit originated in the United States District Court for the Southern District of Texas. Tennimon sued Bell for wrongful death, seeking damages on grounds alleging theories of warranty, negligence, and products …show more content…
Bell also argues that had she been qualified to maintain this action for wrongful death, the Kentucky statute of limitations would be a bar to this action. Furthermore, Bell claims that the minority of Tennimon’s children did not postpone the running of the statute of limitations under Kentucky law, because that provision is only applicable when no other person can sue. Therefore, the Kentucky wrongful death statute bestows the exclusive right to sue on the personal representative. In addition, Bell claims that statute of limitations for Tennimon’s complaints has expired under Florida law as well, which does not allow for the statute of limitations to be tolled during infancy. Lastly, Bell argues that the statute of limitations in this case were not postponed due to the discover rule nor the doctrine of fraudulent …show more content…
The district court ruled that Texas tolling statutes are not helpful to Tennimon’s case, because Kentucky substantive laws states that minor sons have no cause of action for wrongful death. Kentucky’s wrongful death statute bestows the exclusive right to bring suit on the personal representative of the decedent. Any claim for wrongful death that Tennimon or her children possess much be based on Kentucky law. Therefore, the Texas statute suspending limitations during infancy does not aid them or support their
Brief and explanation: In 1984, appellant Elaine Tennimon, as personal representative of decedent’s estate filed suit for wrongful death against appellee helicopter manufacturer. The district court granted summary judgment in favor of appellee helicopter manufacturer on the ground that appellant’s wrongful death suit was barred by the statute of limitations. Appellant, Elaine Tennimon appeals the district courts grant of summary judgment in favor of Bell Helicopter Textron Inc.
Facts: The suit originated in the United States District Court for the Southern District of Texas. Tennimon sued Bell for wrongful death, seeking damages on grounds alleging theories of warranty, negligence, and products …show more content…
Bell also argues that had she been qualified to maintain this action for wrongful death, the Kentucky statute of limitations would be a bar to this action. Furthermore, Bell claims that the minority of Tennimon’s children did not postpone the running of the statute of limitations under Kentucky law, because that provision is only applicable when no other person can sue. Therefore, the Kentucky wrongful death statute bestows the exclusive right to sue on the personal representative. In addition, Bell claims that statute of limitations for Tennimon’s complaints has expired under Florida law as well, which does not allow for the statute of limitations to be tolled during infancy. Lastly, Bell argues that the statute of limitations in this case were not postponed due to the discover rule nor the doctrine of fraudulent …show more content…
The district court ruled that Texas tolling statutes are not helpful to Tennimon’s case, because Kentucky substantive laws states that minor sons have no cause of action for wrongful death. Kentucky’s wrongful death statute bestows the exclusive right to bring suit on the personal representative of the decedent. Any claim for wrongful death that Tennimon or her children possess much be based on Kentucky law. Therefore, the Texas statute suspending limitations during infancy does not aid them or support their