Background
Huntington Beach Police Department Officer RJ Garwood was seriously injured when a department-owned MD520N helicopter crashed into the ocean near Newport Beach in 2022. 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 certificates. Garwood sued Boeing, MacD Helicopters, and Astronautics Corporation of America for strict products liability, warranty, and negligence; the action was removed from California state court on diversity jurisdiction.
The Court’s Holding
The Ninth Circuit affirmed the dismissal under the General Aviation Revitalization Act’s 18-year statute of repose. GARA defines a covered general aviation aircraft as one with a type or airworthiness certificate, fewer than 20 passenger seats when certified, and no scheduled passenger-carrying operations at the time of the accident. The parties did not dispute that this helicopter met those requirements.
The court held that GARA contains no exception for government-owned or operated “public aircraft.” It rejected the plaintiffs’ effort to import the Federal Aviation Act’s definition of public aircraft into GARA, reasoning that GARA expressly incorporates only specified Federal Aviation Act terms and that its text does not incorporate that definition. Because the crash occurred nearly 25 years after delivery, GARA barred the claims.
Key Takeaways
- GARA’s definition of “general aviation aircraft” can cover a police helicopter if the statute’s stated certification, seating, and operational criteria are met.
- Government ownership or operation does not itself create a public-aircraft exception to GARA’s statute of repose.
- GARA’s 18-year repose period barred claims arising from the 2022 crash of an aircraft delivered in 1998.
Why It Matters
The decision applies GARA according to its express aircraft-based criteria rather than the identity of the aircraft’s owner or operator. Manufacturers of certificated, small aircraft may invoke GARA even when a state or local government operates the aircraft.