Bell Helicopter, and Sea Airmotive, Inc. Gay Airways, Inc. A.E. Gay, Inc. A.E. Gay v. United States

The appellants in this action challenge the district court’s order dismissing all of their claims for contribution and indemnity. The district court held that, by analogy, the United States, when treated as an employer, enjoys the same immunity afforded to private employers under the Alaska Workers’ Compensation Act, AS 23.30.055 (“AWCA”). Therefore, since a private employer who pays workers’ compensation is immune from third-party actions against them for contribution or indemnity, the United States is also immune.

I.

In a flight from Anchorage, Alaska to Seattle, Washington on June 13, 1979, a helicopter piloted by Lt. William Harrigan, an officer of the National Oceanographic and Atmospheric Administration (“NOAA”), crashed near Port Hardy, British Columbia. The crash occurred during Harrigan’s attempt to land after running out of gas. As a result of the crash, passenger Gary Mitchell, a civilian employee of NOAA, and Harrigan were seriously injured.

Mitchell sued Bell Helicopter Textron, Inc., the manufacturer of the helicopter, Sea Airmotive, Inc., the seller of the helicopter, and Gay Airways, Inc., the lessor of the helicopter (“Appellants”) in Superior Court for the…