Butler v. Bell Helicopter Textron, Inc.

Summary

Bell Helicopter Textron, Inc., is the manufacturer of a helicopter that crashed in Griffith Park on March 23, 1998. The crash was caused by the in-flight failure of the helicopter’s tail rotor yoke. The two survivors and the successors of four others who died in the crash sued Bell Helicopter and others, asserting products liability theories of strict liability, negligence, warranty and fraud. Bell sought summary judgment based on a federal statute of repose, which bars actions against manufacturers of general aviation aircraft if the part that allegedly caused the accident is more than 18 years old.

We conclude an exception to the statute of repose applies, precluding its application to this lawsuit. An action is excepted from the statute of repose if the claimant proves the manufacturer concealed or withheld from the Federal Aviation Administration (FAA) “required information” material to the maintenance or operation of the aircraft or part that is causally related to the harm. There is evidence Bell Helicopter Textron, Inc., within the period of repose, withheld information from the FAA about five military aircraft accidents Bell knew were caused by the…