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NewsJanuary 8, 2004

KANSAS CITY, Mo. -- A judge has decided that Apollo 13 astronaut Jim Lovell cannot testify on behalf of an aircraft parts manufacturer in a wrongful death lawsuit brought by former Gov. Mel Carnahan's family. Attorneys for Carnahan's family argued that Lovell's testimony was a ploy to prejudice the jury...

The Associated Press

KANSAS CITY, Mo. -- A judge has decided that Apollo 13 astronaut Jim Lovell cannot testify on behalf of an aircraft parts manufacturer in a wrongful death lawsuit brought by former Gov. Mel Carnahan's family.

Attorneys for Carnahan's family argued that Lovell's testimony was a ploy to prejudice the jury.

Lovell had been expected to testify this week for Cleveland-based Parker Hannifin Corp. Attorney Wayne Taff said Lovell should be allowed to testify because he had flown a plane with Parker Hannifin vacuum pumps for more than 20 years. Lovell had only one pump fail and landed safely.

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Carnahan's family contends that vacuum pumps made by the company failed and caused the Oct. 16, 2000, plane crash that killed the governor and three others. The company denies the charge.

Jackson County Circuit Judge Charles E. Atwell said he would consider allowing Lovell to testify in a second phase of the trial if jurors find grounds for punitive damages.

Lovell also could have testified that Parker Hannifin helped rescue the Apollo 13 flight in 1970, Taff said.

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