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.