This section contains the nature of the case and procedural background.

Rigby (P) sued Beech (D) for personal injuries when his Beech Baron twin aircraft plane crashed while en route to Salt Lake City. The pilot and Mrs. Rigby were killed. P claimed that the crash was caused by defects in design and construction and that warnings and flight bulletins regarding the auxiliary tanks were defective and misleading. P also contended that D misrepresented the airworthiness of the plane to the FAA and failed to meet minimum standards prescribed by the FAA. The trial court excluded evidence of fuel starvation in 40 gallon main cells, notice of starvation in connection to the 31-gallon cell, and correspondence between Beech and other concerning the possibility of fuel starvation in cells other than the 31-gallon cell. The trial court also excluded evidence of the defects claimed in the 40-gallon cell. P appealed.

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