Rodriguez v. Lockheed Martin Corp., No. 10-15813

Wrongful Death Action Arising From Military Accident

In Rodriguez v. Lockheed Martin Corp., No. 10-15813, an action arising from the premature explosion of a mortar cartridge manufactured by General Dynamics during an army training exercise in Hawaii, the court dismissed defendant's appeal from the denial of summary judgment based on the government contractor defense, where the government contractor defense was not a grant of immunity.

As the court wrote:  "Defendant-appellant General Dynamics Armament and Technical Products, Inc. ("General Dynamics"), seeks to appeal from the district court's denial of its summary judgment motion in an action arising from the premature explosion of a mortar cartridge manufactured by General Dynamics during an army training exercise in Hawaii.1 The explosion killed Oscar Rodriguez and injured Samuel Oyola-Perez, Julius Riggins, and Wilfredo Dayandante (collectively, "Plaintiffs"), the other soldiers in the training detail, who brought suit against General Dynamics alleging, inter alia, products liability and negligence claims under Hawaii law."

Related Resources

• Read the Ninth Circuit's Decision in Rodriguez v. Lockheed Martin Corp., No. 10-15813