Vella v. MacD Helicopters — Ninth Circuit holds GARA covers certified police helicopter

Case
Dylan Vella, et al. v. MacD Helicopters, Inc., et al.; RJ Garwood v. MacD Helicopters, Inc., et al.
Court
U.S. Court of Appeals for the Ninth Circuit
Judge
Kenneth K. Lee (Donald Trump, 2019); Patrick J. Bumatay (Donald Trump, 2019); Jennifer Sung (Joe Biden, 2021)
Date Decided
September 9, 2026
Docket No.
25-2722; 25-2803
Topics
Aviation litigation; Statute of repose; Product liability; Statutory interpretation
Source
Read the full opinion

Background

In 2022, a Huntington Beach Police Department MD520N helicopter crashed near Newport Beach. Tactical Flight Officer Nicholas Vella died, and Officer RJ Garwood was seriously injured. The plaintiffs alleged that a defect in the helicopter’s stability augmentation system caused a loss of control.

Boeing manufactured and delivered the five-seat helicopter to the police department in 1998. The aircraft had FAA type and airworthiness certifications. Plaintiffs brought California products-liability, warranty, and negligence claims, which defendants removed to federal court. The district court dismissed under the General Aviation Revitalization Act (GARA), whose 18-year statute of repose had expired, and the Ninth Circuit accepted an interlocutory appeal.

The Court’s Holding

The Ninth Circuit affirmed. GARA’s definition of a “general aviation aircraft” turns on three stated criteria: an FAA type or airworthiness certificate, fewer than 20 passenger seats when certified, and no scheduled passenger-carrying operations at the time of the accident. The police helicopter undisputedly met each criterion.

The court rejected the plaintiffs’ argument that GARA excludes government-owned “public aircraft” by incorporating that term’s definition from the Federal Aviation Act. GARA expressly incorporates only specified Federal Aviation Act terms and contains no public-aircraft exception. The court also concluded that prior Ninth Circuit precedent involving a former military helicopter did not decide whether a certified government-operated aircraft falls outside GARA.

Key Takeaways

  • GARA can apply to a government-owned and -operated aircraft if the statute’s express definition of general aviation aircraft is met.
  • The Federal Aviation Act’s definition of “public aircraft” is not implicitly incorporated into GARA.
  • GARA’s 18-year repose period barred claims over the 1998 helicopter crash-related product defects alleged in this case.

Why It Matters

The decision confirms that GARA’s coverage depends on its statutory certification, seating-capacity, and operational criteria—not on whether a state or local government owns or operates the aircraft. Manufacturers and litigants evaluating older certified public-safety aircraft now have Ninth Circuit authority rejecting a categorical public-aircraft exception to GARA.

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