Hiser

In this wrongful death action arising from a helicopter crash, the jury awarded the widow of the pilot $8,676,696 against the manufacturer of the helicopter. Defendant manufacturer asserts the causes of action for strict products liability and negligence are barred as a matter of law by an 18-year federal statute of repose, the General Aviation Revitalization Act of 1994 (GARA). Because breach of written warranty is an exception to GARA’s statute of repose, defendant also contends the breach of warranty cause of action cannot be sustained as a matter of California law. Finally, defendant complains the court committed reversible error in making several evidentiary rulings.

Briefly, plaintiff’s decedent, Floyd Hiser (Hiser), was killed when his helicopter crashed during a fire suppression mission. Shortly before the crash, Hiser reported by radio he had suffered a “flameout.” Plaintiff argued the flameout was caused by fuel “starvation,” i.e., although sufficient fuel was on board the helicopter, for reasons attributed to a defective fuel transfer system, fuel flow to the engine was disrupted. Defendant argued the flameout was caused by fuel “exhaustion,” i.e., Hiser…