Britton
Britton v. Dallas Airmotive, Inc.
Opinion
Opinion
Gemello, J.
This lawsuit involves a helicopter crash in Idaho. Plaintiffs appeal from a trial court order staying the action in favor of litigation in Idaho on the ground of forum non conveniens. In the published portion of this opinion, we conclude that the motion to stay the action was timely under Code of Civil Procedure section 410.30, even though it was brought a year after most defendants answered the complaint. We affirm the trial court order staying the action.
Factual and Procedural Background
Plaintiff John Britton was piloting a helicopter in August 2003 during a firefighting operation near Webb, Idaho. The helicopter engine failed shortly after filling a firefighting bucket, resulting in a “hard landing” which seriously injured Britton and substantially damaged the helicopter.
Plaintiffs are the pilot Britton; his wife Lorinda Britton; Silverhawk Aviation LLC, owner of the helicopter; and David Currie, president of Silverhawk. In December 2004, plaintiffs brought suit in Alameda County Superior Court against Rolls Royce Engine Services Oakland, Inc. (Rolls Royce Oakland), which serviced the engine in 1993; Dallas Airmotive, Inc. (Dallas), which serviced the engine in…