Graham ex rel. Estate of Graham v. Teledyne-Continental Motors, A Division of Teledyne Industries, Inc.

When an airplane crashes, the National Transportation Safety Board (NTSB) takes possession of various component parts for purposes of inspection and testing. In this case we consider the claim of the pilot’s estate that its representative be allowed to participate in, or at least observe, the NTSB’s procedures in order to protect its interests in civil litigation arising from the accident.

Facts

James Graham was the pilot of a twin engine Beechcraft Baron aircraft that crashed into the Sun Valley Mall in Concord, California on December 23, 1985. The accident resulted in five fatalities, numerous injuries and extensive property damage. Appellant Dorothy Graham, the executrix of James Graham’s estate, has been named a defendant in several lawsuits arising from this event.

As charged by the Independent Safety Board Act of 1974, 49 U.S.C. §§ 1901 et seq. (1982), the NTSB began an immediate investigation into the cause of the accident. To this end, the NTSB directed that the aircraft’s two engines be shipped to their manufacturer, Teledyne Industries, Inc. (Teledyne). There the agency planned to conduct a complete teardown analysis. In accordance with NTSB practice, the proposed…