Another GARA Victory
Recently, the Pennsylvania Superior Court once again provided "more bite" for the 18 year statute of repose, more fully set forth in the General Aviation Revitalization Act (GARA) of 1994, Pub. L. No. 103-298, 108 Stat. 1552, codified at 49 USC 40101 et seq, by refusing to permit Plaintiffs to perform an end run around of the repose period by "resetting the clock." In the matter of Moyer v. Teledyne Continental Motors, Inc., et al., No. 1402 EDA 2007, 2008WL3854350 (Pa. Super. Aug. 20, 2008), (reargument filed 9/3/2008) children of decedents killed when their aircraft crashed brought an action that included claims against the manufacturer of an aircraft engine. More than 18 years had expired from the date of delivery of the aircraft to its first purchaser. As to the manufacturer, Plaintiffs argued, unsuccessfully, that the trial court erred in refusing to find the issuance of a subsequent Service Bulletin constituted a "replacement part" as the term is defined in GARA. Plaintiffs argued, inter alia, that flight manuals have been ruled to be a "part" of the aircraft as they contain the instructions necessary for the operation of an aircraft and therefore, are inseparable from it. They then argued by extension that like flight manuals, a Service Bulletin is also necessary for the operation of an aircraft and, as such, are tantamount to a flight manual.
The Superior Court held that Plaintiffs' logic was flawed given the continual issuance of Service Bulletins on a variety of topics, and if the issuance of a Service Bulletin were permitted to reset the clock with each subsequent issuance, the intent of GARA -- to "ameliorate the impact of long-tail liability…"-- would be eviscerated. The decision provides yet another well reasoned victory affirming the GARA repose period.
