Rogers v. Bell Helicopter Textron, Inc.

Plaintiff Alika Rogers was injured in 2005 when the Bell 47D-1 helicopter she was piloting crashed near the Rancho Murieta Airport. Among others, Rogers sued the helicopter’s manufacturer, defendant Bell Helicopter Textron, Inc. (Bell), for negligence. Rogers’s claim against Bell was based on an allegedly defective maintenance manual that improperly instructed on balancing the helicopter’s tail rotor blades. The helicopter had been in operation since 1951, and the maintenance manual was issued in 1969 and was last revised in 1975.

Bell filed a motion in limine to exclude evidence that the maintenance manual was defective and caused the accident, arguing Rogers’s claim was barred as a matter of law by an 18-year federal statute of repose, the General Aviation Revitalization Act of 1994 (Act) ( Pub.L. No. 103-298 (Aug. 17, 1994) 108 Stat. 1552 , as amended by Pub.L. No. 105-102, § 3 (e) (Nov. 20, 1997) 111 Stat. 2215 ; printed at 49 U.S.C. § 40101 , note; further undesignated section references are to the Act).

The trial court granted the motion, agreeing with Bell that the maintenance manual was a “part” of the helicopter and was last revised in 1975, rejecting Rogers’s…